Mauser v. Douglas & Lomason Co., 39375
| Citation | 192 Neb. 421,222 N.W.2d 119 |
| Decision Date | 10 October 1974 |
| Docket Number | No. 39375,39375 |
| Parties | Velva MAUSER, Appellant, v. DOUGLAS & LOMASON COMPANY, Appellee. |
| Court | Nebraska Supreme Court |
Syllabus by the Court
1. In order to recover under the Workmen's Compensation Act, the evidence must show the plaintiff's disability was the result of accident arising out of and in the course of the employment.
2. 'Arising out of' refers to the origin or cause of the accident and is descriptive of its character, while 'in the course of' refers to the time, place, and circumstances of the accident.
3. Injury to plaintiff resulting from donation of blood to Red Cross did not arise out of nor in course of employment as punch press operator although employer gave employees time off without loss of pay to participate in program.
Winkle & Allphin, Lyle C. Winkle, Columbus, for appellant.
Walter, Albert, Leininger & Grant, Columbus, for appellee.
Heard before WHITE, C.J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.
This is a proceeding under the Workmen's Compensation Act. The plaintiff was employed by the defendant as a punch press operator at its plant in Columbus, Nebraska. On June 1, 1971, the plaintiff was injured and sustained disability as a result of complications following a donation of blood to the Red Cross.
The Workmen's Compensation Court found the evidence failed to show the plaintiff had sustained an accident and injury which arose out of and in the course of her employment by the defendant and dismissed the proceeding. The plaintiff waived rehearing before the full compensation court and appealed directly to the District Court.
The District Court found the evidence was insufficient to support a finding that the plaintiff had sustained an accident and injury which arose out of her employment by the defendant. The plaintiff has appealed to this court.
The record shows the defendant posted a notice at its plant which stated employees wishing to donate blood to the Red Cross on June 1, 1971, would be excused for 1 hour of work for which they would be paid. Employees wishing to donate blood were asked to sign their name on a sheet provided for each shift and to give their name and clock number to the Red Cross at the city auditorium at the time they reported for the donation. In order to be paid for the hour for which they were excused from work, it was necessary that the employees give their name and clock number to the Red Cross. The defendant offered to furnish transportation to the city auditorium for any employee who needed it.
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...§ 48-101 (Reissue 1993). See, Johnson v. Holdrege Med. Clinic, 249 Neb. 77, 541 N.W.2d 399 (1996); Mauser v. Douglas & Lomason Co., 192 Neb. 421, 222 N.W.2d 119 (1974). We have held that for purposes of the foregoing statute, an injury is accidental if either its cause was accidental in cha......
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Johnson v. Holdrege Medical Clinic
...an employee "by accident ... arising out of and in the course of his or her employment...." § 48-101. Accord, Mauser v. Douglas & Lomason Co., 192 Neb. 421, 222 N.W.2d 119 (1974); Hahl v. Heyne, 156 Neb. 599, 57 N.W.2d 137 (1953); Nelms v. Mahoney, 147 Neb. 626, 24 N.W.2d 558 (1946). The ph......
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Williams v. Martin Marietta Energy Sys., Inc.
...they take place on the employment premises and may have been requested by the employer. * * * " Larson cited Mauser v. Douglas & Lomason Co. (1974), 192 Neb. 421, 222 N.W.2d 119, where the employer permitted employees to donate blood to the Red Cross on company time. When denying the petiti......
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Richard A. Beekman v. Rhonda L. Beekman, Nka Rhonda L. Sturgell
...119, where the employer permitted employees to donate blood to the Red Cross on company time. When denying the petition for benefits, the Mauser court noted that the employer had no control over the donation activity. Larson also cited Riggins v. Paris Printing Co. (1977), 559 S.W.2d 625, w......