Michael Wilhelm v. Kroger's d/b/a Peyton's Southeastern

In 2004, the plaintiff, Michael Wilhelm, filed a workers’ compensation claim alleging an injury to his back and left hip. In response, the defendant, Krogers d/b/a Peyton’s Southeastern, denied the claim, asserting that the injuries did not arise out of his employment. At the conclusion of the trial, the trial court awarded the plaintiff a 35% permanent partial disability to the body as a whole. The Special Workers’ Compensation Appeals Panel affirmed the judgment. Because, however, the injuries do not qualify as work-related and an earlier workers’ compensation settlement bars recovery, the judgment must be reversed and the case dismissed.