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Please refer to the case Wait v. Travelers Indemnity 240 S.W.3d 220 (Tenn. 2007) and consider the question of whether or not the plaintiff's injuries arose out of and in the course of her employment.

1. What was the legal issue in this case? What did the court decide?

2. How could her injury have occurred "in the course of employment" if she was hurt while taking a lunch break and not performing any job duties?

3. Why was her injury deemed to not "arise out of employment?" Would she have been hurt if she had not been a telecommuter?

4. How, if at all, should the law provide for the safety and health of telecommuters? Should the lesser degree of control that employers have over the workplaces of telecommuters be taken into account?

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