An Indiana appeals court ruled that a parks employee who was injured after losing consciousness while driving a work vehicle is entitled to workers compensation benefits.
In Harrison County Parks & Recreation v. David Hussung, the Indiana Court of Appeals on Friday affirmed a Workers’ Compensation Board finding that Mr. Hussung’s injuries arose out of his employment, even though his fainting episode was caused by a personal condition unrelated to his job.
Mr. Hussung was driving to purchase paint for a playground project in October 2023 when he briefly lost consciousness. The vehicle, traveling at highway speed, left the road and became airborne before landing in a briar patch. He suffered vertebral and sternal fractures and underwent surgery.
The court said Mr. Hussung’s job duties placed him behind the wheel of a moving vehicle, increasing the risk and severity of the injuries caused by his loss of consciousness. The court said it was the first Indiana case to apply the state’s “moving vehicle” rule to an idiopathic loss of consciousness that caused a crash.
The appeals court affirmed the benefits award and remanded the case with instructions to increase it by 5% under state law because the employer’s appeal was unsuccessful. The court declined Mr. Hussung’s request for a 10% increase, finding the employer’s appeal was neither frivolous nor an attempt to delay appellate review.
This article was first published by Business Insurance.
