No. 119363

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Plaintiff (Not a party to appeal.)

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Background
In the Hill case, Jack Hill rear-ended a truck when he suffered a diabetic seizure while driving his employer's delivery truck. A worker's compensation magistrate found that Hill's seizure caused the accident. Therefore, Hill's injuries, including multiple bone fractures and a concussion, did not "arise out of" his employment, the magistrate stated. The Worker's Compensation Appellate Commission (WCAC) affirmed the magistrate's ruling.

In Frazzini, plaintiff Jeffrey Frazzini claims he was driving his car on a work-related errand when he suffered a diabetic insulin reaction. He suffered a serious hip injury when his car left the road, hit several traffic signs and struck an embankment. The magistrate awarded benefits, finding that Frazzini suffered injuries arising out of and in the course of his employment. The WCAC reversed, finding that Frazzini's seizure caused the accident and, therefore, his injuries did not arise out of his employment.

The two cases were consolidated before the Court of Appeals. The plaintiffs admitted that their seizures caused the accidents. They argued that, because their employment placed them in a position that increased the dangerous effects of their seizures and aggravated their injuries, the injuries arose out of their employment within the meaning of the Workers' Disability Compensation Act. The Court of Appeals agreed and ruled that the plaintiffs were entitled to benefits. The defendants, the plaintiffs' employers, appeal.

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