Cengage Advantage Books: Fundamentals of Business Law 9th Edition by Roger LeRoy Miller

Exercise 9

Workers' Compensation. As a safety measure, Dynea USA, Inc., required Tony Fairbanks, a millwright and company employee, to wear steel-toed boots. One afternoon, Fairbanks felt some discomfort on his left shin. At the end of the workday, he removed his boot, pulled his sock down, and saw a large red area below the top of the boot. Over the next two days, the red area became swollen and sore until Fairbanks had trouble walking. By the third day, the skin over the sore had broken. Within a week, Fairbanks was hospitalized with a methicillinresistant staphylococcus aureus (MRSA) infection. Fairbanks notified Dynea and filed a workers' compensation claim. Dynea argued that the MRSA bacteria were on Fairbanks's skin before he came to work. What are the requirements to recover workers' compensation benefits? Does this claim qualify? Explain. [ In re Compensation of Fairbanks, 241 Or.App. 311, 250 P.3d 389 (2011)]