Gatha Blankenship v. American Ordinance Systems, LLS, d/b/a Milan Army Ammunition Plant

The employee in this workers’ compensation case injured her back while taking an upper body strength test on the employer’s premises. The employee, who was laid off at the time of the injury, voluntarily took the strength test as part of the application process for new jobs being created in the employer’s factory. The trial court found that the employee’s injury was not compensable because it did not arise out of her employment. The employee’s appeal was transferred to the full Supreme Court prior to the Special Workers’ Compensation Appeals Panel hearing oral argument. The dispositive question before this Court is whether the evidence preponderates against the trial court’s finding that the employee’s injury did not arise out of her employment. After carefully examining the record and the relevant authorities, we hold that the evidence does not preponderate against the trial court’s finding that the employee’s injury did not arise out of her employment. We also conclude that the employee’s injury did not occur in the course of her employment. Accordingly, we affirm the trial court’s judgment.