Question
A farm employee is building a shed, when a tornado hits. He is seriously injured, and files for workers comp. If the court applies the
A farm employee is building a shed, when a tornado hits. He is seriously injured, and files for workers comp. If the court applies the positional risk doctrine, will the injury be covered and why?
Yes, because being struck by a tornado was an actual risk of the job in this particular case
Yes, this doctrine requires only that the employment was the reason for the exposure to the hazard
No, the employees work did not measurably increase his chances of being struck by a tornado over that of the general public
No, this doctrine requires that the harm be foreseeable as a hazard of this type of employment
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