Sebek v. Cleveland Graphite Bronze Co

In Sebek v. Cleveland Graphite Bronze Co. (1947), 148 Ohio St. 693, 76 N.E.2d 892, the Court held that she was injured in the course of her employment. In reaching this conclusion, the Court quoted from two cases in other jurisdictions that had the same factual scenario and with whose reasoning and conclusions it agreed. Said one of the courts, "True, they were not working for the defendant while eating. But their meals were part of their pay, and so were connected with their employment." Id. at 699. It concluded: "The risk of injury in the eating of the meals was in principle like the risk of injury in the collection of their pay in money or in other benefits." Id. at 699-700. The other court concluded similarly. "Nor can the contention that the accident did not arise out of and in the course of the employment be sustained. The mere fact that an employee is not actually engaged at his work at the time of injury does not as a matter of law relieve the employer." Id. at 700. "Under the terms of employment," said the court, "board was furnished. . . ., and although the partaking of food was personal in character, nevertheless it was so incidental to his employment that the accident did arise out of and in the course of employment." Id.