Workers’ Compensation Court of Appeals Digest

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Workers’ Compensation

Employment Relationship

Employer and insurer appealed the compensation judge’s finding that at the time of injury, employee was in an employment relationship with the employer and not casual employment as defined by Minn. Stat. § 176.041, subd. 1.  They also appealed from the judge’s finding that the injury arose out of and in the course of employment.  Employer operates as a retail business, farm, and greenhouses. Employee had performed occasional work for employer for cash, and injured his hand while cleaning up firewood in employer’s parking lot. The Workers’ Compensation Court of Appeals concluded that an employee, who, at the direction of the employer or superior to whose orders the employee is subject performs services outside the duties of his usual employment and performs them in consequence of the existence of the relationship of employer and employee as incidental to the employment, is within the protection of the Workers’ Compensation Act, and not excluded employment under Minn. Stat. § 176.041, subd. 1(11). Affirmed.

WC25-6613 Anderson v. Country Sun Farm & Greenhouses