Dottie Dickenson is the rental agent of Bella Apartments, a complex housing Ferris State University Students. As part of the terms of her employment, Dottie is expected to be on call 24-hours a day to assist tenants with their maintenance and emergency needs. In exchange for providing these services, Dottie is paid a generous annual salary and provided a two-bedroom apartment adjacent to the apartment office at no cost. Dottie works in the office during the day and has all telephone calls rerouted to her cellphone so she can continue to assist tenants after hours. Late one evening after returning from the gym, Dottie jumps in the shower. While she is in the shower, a tree branch falls on a nearby power line and cuts the power to Bella Apartments. Concerned tenants start calling Dottie’s phone immediately. As she stumbles out of her bathroom to answer her phone, she trips over her furniture and fractures several bones in her right arm. Several days after the incident, Dottie wonders whether she could file a workers’ compensation claim.
Make Dottie’s best case for recovery under workers’ compensation (as discussed in ELHRP). Make Bella Apartments’ best case that Dottie cannot recover. Once you’ve considered both arguments, who do you think prevails and why?