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Samaritan Health Services v. Industrial Commission5/28/1991
REF--> (App.1989); Sacks, 13 Ariz. App. 83, 474 P.2d 442 (1970). These cases, however, can be easily distinguished from this case. In Industrial Indemnity, the court found that increased risk was present because of the nature of the work-related activity, not that increased risk was necessary. 162 Ariz. at 507, 784 P.2d at 713. Sacks did not involve a work-related activity, but rather a personal comfort activity. 13 Ariz. App. at 84, 474 P.2d at 443.
Samaritan argues that article 18, § 8 of the Arizona Constitution limits the application of the statutory arising-out-of-employment requirement. According to article 18, § 8, the test to determine whether an accident arises out of employment is whether an accident is caused in whole or in part, or contributed to, by a necessary risk or danger of the employment, or a necessary risk or danger inherent in the employment. Goodyear, 62 Ariz. at 409, 158 P.2d at 516. As stated in Goodyear, the standard is not whether the employment increased the risk of injury or whether, by reason of the employment, the employee is more exposed to injury than others not so engaged. Id. While the statutory requirement is broader and may apply to accidents which do not satisfy the constitutional requirement, the injury sustained by Ms. Holbert satisfies both the constitutional and statutory arising-out-of-employment requirements.
We find that the ALJ correctly concluded that actual risk is sufficient to satisfy the arising out of employment requirement when a personal condition and a work-related activity jointly cause the injury . We accordingly affirm the award.
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