Indiana Self-Insurers Association, Inc. - June 2012 Seminar
CAUSATION-APPLYING RISK ANALYSIS
For a claim to be compensable, there must have been a personal injury or death arising out of and in the course of the employment. The arising out of test requires a causal connection between the employment and the injury and that causal connection is established or defeated by a consideration of the various risks involved. The case law generally identifies classes of risks, as follows:
- Personal Risk - Injuries which are caused by personal risks only are not compensable.
- Employment Risk - Injuries which are caused by employment risks only are compensable.
- Neutral Risk - Injuries which are proven to have no particular relationship to either a personal risk or an employment risk, but are in the course of the employment, are compensable pursuant to the positional risk doctrine.
- Combined Risk - Injuries which contain elements of risk referable to both the employee and the employer are compensable, provided that the employment risk contributes to the injury.
