Celadon Trucking Services of Indiana v. Kenneth Sharon

Indiana Court of Appeals
June 4, 2010 
Memorandum Decision-Not for Publication

Randal M. Klezmer:  Plaintiff counsel

Michael Schoening:  Defense counsel

Crone, Judge.

Facts & Procedural History:

Sharon was a truck driver for Celadon.  On August 27, 2008 Sharon injured his back was assisting with the loading of cargo onto his truck.  Celadon had sent a message to Sharon the day before the accident indicating that this job was a “no-assist” load. Sharon had not received this message though.  He had not looked for the message because this field was often left blank in instructions from Celadon

The Board found that Sharon’s loading was incidental to his employment as it helped his employer by expediting the movement of cargo.  Sharon was not disciplined for not following the no assist instruction.  This activity served no personal benefit to Sharon

Judgment:  Affirmed.

Issue:  Whether the evidence is sufficient to support the Board’s determination that Sharon’s injury arose out of and in the course of employment.

Holding & Rationale:

The Board findings are supported by the evidence.

Concur:  Baker, C. J., and Darden, J.

Posted on 7/12/2010