Maroulakos v. Walmart Associates, Inc.Annotate this Case
The Supreme Court affirmed the decision of the Workers’ Compensation Court determining that Appellant’s injuries did not “arise out of” his employment, holding that Appellant’s assignment of error on appeal was without merit because he waived his argument by failing to present it to the compensation court.
At trial, Appellant argued only that his injury arose out of employment because his fall, which resulted in injuries, resulted from a risk of employment. On appeal, however, Appellant argued that his injury arose out of employment under the “increased-danger” rule. The Supreme Court held that the trial court did not commit plain error by not applying the increased-danger rule, and Appellant waived his argument on appeal by failing to present it to the compensation court.