Pithy Quote in Worker’s Compensation Case – It is unlikely that he volunteered to be murdered…

JJ’s Smoke Shop, Inc. v. Walker (Ky. App., 2013) 2012-CA-000851-WC February 1, 2013

VANMETER, JUDGE:
Here, the ALJ found that JJ’s is a business prone to robbery and burglary and that a direct relationship existed between Pendleton’s knowledge and capability of accessing the store and his murder.
Specifically, the ALJ found:
“Although Pendleton voluntarily got into the motor vehicle after his usual work hours, it was probably under a false pretext. Because he was murdered, Joshua Pendleton was unable to testify. It is highly unlikely that he volunteered to be murdered as a part of a scheme to rob the smoke shop. The owner of the smoke shop testified that he did not believe that [Pendleton] was involved in a plot to rob the store. I do not believe that that has been established either. I find that he was not a participant in the burglary.

The employer asserts that he left the course and scope of his employment after he closed up the shop. I agree. But he was later forced back into his role as an employee when he was either duped or forced into reopening the shop and turning off the alarm.”

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