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The State of Texas appealed an award to Wylma A. Bush for injuries sustained on her employer's premises, Terrell State Hospital. Bush, a food service worker, fainted due to high blood pressure, a non-compensable condition. While being transported on a stretcher by an emergency crew on the hospital grounds, a defective stretcher wheel caused her head and neck to be injured. The State argued the injury was not in the course and scope of employment as the underlying condition was not compensable. The court affirmed the award, applying the 'but for' test and the 'health, comfort and convenience rule,' finding that the use of a defective employer instrumentality during medical assistance incidental to her employment made the injury compensable.
Director, State Employees Workers' Compensation Division v. Bush is a workers' compensation case decided in Texas Court of Appeals, 5th District (Dallas). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 5th District (Dallas).
Full Decision Text1 Pages
The State of Texas appealed an award to Wylma A. Bush for injuries sustained on her employer's premises, Terrell State Hospital. Bush, a food service worker, fainted due to high blood pressure, a non-compensable condition. While being transported on a stretcher by an emergency crew on the hospital grounds, a defective stretcher wheel caused her head and neck to be injured. The State argued the injury was not in the course and scope of employment as the underlying condition was not compensable. The court affirmed the award, applying the 'but for' test and the 'health, comfort and convenience rule,' finding that the use of a defective employer instrumentality during medical assistance incidental to her employment made the injury compensable.
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