McIlravy had the burden of proving, by a preponderance of the evidence, that his injury arose out of and in the course of his employment with Ace. An injury occurs in the course of employment when the employee was where he was directed to be and in the process of performing, about to perform or engaging in acts incidental to his required job duties. As the record substantially supports and Ace agrees that McIlravy's injury occurred in the course of his employment, the only remaining question is whether the record supports the agency finding that the meniscus tear arose of out McIlravy's employment with Ace. In assessing this factor the Iowa Supreme Court has approved the actual risk doctrine. Although the rule was adopted in a case where injury resulted from exposure to the elements, the rational has been extended to assess other factual scenarios.
Injuries generally fall into one of three categories of risk.
The first, risks distinctly associated with employment, are always compensable. The second, risks purely personal to the employee, are classified as idiopathic and are noncompensable. It appears that in Iowa a risk both neutral and unexplained is noncompensable. Upon review, the record supports a finding that McIlravy's injury falls within the first category of risk, or those distinctly associated with his employment. McIlravy presented expert medical testimony to the effect that the heavy lifting and carrying and knee flexion maneuvers he was required to perform as part of his job duties placed him at an increased risk for the type of injury he sustained, that the risk was associated with his injury, that he had no preexisting condition and that, with the exception of the torn meniscus, the knee was otherwise healthy.