Toler v. Industrial Commission
In Toler v. Industrial Commission, 22 Ariz. App. 365, 527 P.2d 767 (1974), the claimant was assaulted by an inebriated coworker, who accused claimant of stealing a drink from his liquor bottle.
In setting aside an ICA award of noncompensability, the Court recognized:
Kiewit and Colvert indicate that Arizona courts recognize that the friction and strain of employment can often precipitate assaults even in the absence of other job-related factors.
Nevertheless, our courts have not translated this recognition into an application of a "but-for" or "positional risk" theory making such assaults automatically compensable.
Since the issue may be reasonably resolved without unnecessary disruption of our previous interpretations of the Workmen's Compensation Act, we need not adopt such a broad theory in this case. Toler, 22 Ariz. App. at 368, 527 P.2d at 770. The Toler court then found that the claimant's injuries arose out of his employment and were compensable, by likening his assault "to an attack perpetrated by an insane employee." Id.