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6 Wm. Mitchell L. Rev. 533 (1980)
An Examination of the Arising out of and the in the Course Of Requirements under the Minnesota Workers' Compensation Law

handle is hein.journals/wmitch6 and id is 545 raw text is: AN EXAMINATION OF THE ARISING OUT OF AND THE IN THE COURSE OF REQUIREMENTS UNDER THE MINNESOTA WORKERS' COMPENSATION LAW by GENE P. BRADTt In orderfor an injured employee to receive a workers' compensation award, the thjug must arise out of and in the course of employment. Use of this simple phrase has resulted in substantial uncertainty when applied on a case-by-case basis. The purpose of this Article is to eliminate some of this confusion by demonstrating that the law interpreting the arising out of and in the course of clause is readily reducible to principles and rules. After tracing the history and rationale of workers' compensation, Mr. Bradt discusses the various methodologies used to interpret the arising out of an in the course of requirement. He then examines in detail often recur- ring time and place and 'employee activity problems and suggests general rules to handle compensation problems that occur under these headings. I. INTRODUCTION ....................................... 534 II. AN OVERVIEW OF THE ARISING OUT OF AND THE IN THE COURSE OF REQUIREMENTS ................. 542 A. Interpreting the Arising Out of Requirement ......... 542 B. Interpreting the n the Course of Requirement ........ 547 III. TIME AND PLACE PROBLEMS ......................... 551 A. The Coming and Going Rule ...................... 551 t Member, Minnesota Bar. Mr. Bradt received his B.S.L. from William Mitchell College in 1961 and his J.D. from William Mitchell College of Law in 1963. He was Chairman of the Workers' Compensation Committee of the Minnesota State Bar Associa- tion from 1973 to 1976. He has chaired several CLE seminars on workers' compensation, is a frequent lecturer on the topic, and is the author of Workmen's Compensation, in SIXTH ANNUAL PRACTICAL LAw RFVIEW 141 (Minn. Continuing Legal Education 1975). Mr. Bradt practices in St. Paul with the firm of Hansen, Dordell, Bradt & Odlaug. Although the author takes sole responsibility for the information and views expressed herein, he wishes to acknowledge the research and writing assistance of Mr. David J. Mos- kal, B.A., DePaul University, 1976; J.D., William Mitchell College of Law, 1980. This Article could never have been completed without his thoughtful analysis. Mr. Moskal, a former editor of the William Mitchell Law Review, is presently a law clerk to Mr. Justice George M. Scott of the Minnesota Supreme Court. Mr. Bradt also wishes to acknowledge the assistance of the editors and staff of the William Mitchell Law Review in the preparation of this Article.

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