Nancy Ostrowski was employed by Indiana University. Ostrowski left her previous position due to her medical challenges, which included memory issues, cardiac issues, and hip arthritis. These medical issues limited Ostrowski’s ability to walk, lift, and carry items. When Ostrowski began working at Indiana University, she had a permit to park in a nearby spot reserved for those with disabilities. After parking, she would walk to her building without incident.
In 2018, Ostrowski’s position moved to a different building on campus, which was quite a bit farther from the parking spaces. On her first day working in the new building, Ostrowski had to walk up a hill and arrived at her building sweating, out of breath, and felt weak and sick to her stomach. Ostrowski spoke with the Director of Parking Operations, but was informed that closer parking was unavailable. The next two days, Ostrowski experienced similar symptoms. Ostrowski took the next day to see her doctor, who told her to take eight weeks off due to her condition. Ostrowski never returned to work and was on medical leave from July to October 2018.
On December 18, 2018, Ostrowski filed a work injury claim with the University, which the University denied. In July 2019, Ostrowski filed an application for an adjustment of the claim, effectively appealing the denial. A hearing was conducted, and the workers’ compensation hearing member concluded that Ostrowski’s struggles those three days were caused by “routine, everyday activities” that could have occurred anywhere. The fact that they occurred on campus did not make them compensable under workers’ compensation laws.
The hearing member also concluded that the injuries Ostrowski sustained were not caused by a personal injury arising out of and in the course of her employment. “Arising out of employment” refers to the origin or cause of the injury. Here, Ostrowski failed to prove that her cardiac and arthritic conditions were caused or aggravated by her employment with the University. The Workers’ Compensation Board agreed with the hearing member and adopted the hearing member’s decision. Ostrowski appealed.
On appeal, the Court considered that an injury arises out of employment when there is a causal relationship between the injury and employment. Injuries relating solely from risks personal to the claimant are entirely unrelated to the circumstances of employment, and are therefore universally non-compensable. The Board determined that Ostrowski’s symptoms were temporary, caused by her pre-existing health conditions, and could have occurred anywhere.
On appeal, Ostrowski argued that her symptoms were not caused by everyday activities, but by a “forced march” and “arduous trek” to her building. The University did not dispute that Ostrowski experienced temporary symptoms during her walk, but claimed that her walk to and from her office was every day and routine. The Court agreed. The Court reasoned that the campus is hilly and therefore the hilly walk to the office was routine.
The Court upheld the Board’s decision to deny Workers’ Compensation.
Note: An employee is eligible for coverage under the workers’ compensation statute if he or she sustains an injury in the course of or arising out of employment, regardless of fault. This case is an important reminder that where the injury results from a personal risk, i.e., related solely to the employee’s person, the injury may not be compensable.
Ostrowski v. Ind. Univ. (Ct.App. May 28, 2024) 2024 Ind. App. Unpub. LEXIS 653.