allowing benefits where the employee was stationed at a remote work camp for a road building project in Africa and the accident occurred as he was traveling back to his employer’s camp after an off-duty excursion with friends; the court found the employee was killed in an automobile accident arising out of and in the course of his employment, even though he was returning after a personal frolic, because he was still within the confines of the employer’s road project and was returning to his employer-provided sleeping quarters at the time of the accident
How later courts described this case
- allowing benefits where the employee was stationed at a remote work camp for a road building project in Africa and the accident occurred as he was traveling back to his employer’s camp after an off-duty excursion with friends; the court found the employee was killed in an automobile accident arising out of and in the course of his employment, even though he was returning after a personal frolic, because he was still within the confines of the employer’s road project and was returning to his employer-provided sleeping quarters at the time of the accident
- defining the employer’s “premises” to include “sleeping, eating and recreational facilities”
- employee on business trip going to or returning from meal “is performing an act incident to his employment”
- employee injured while traveling from a meal back to the hotel, but detouring to set up a softball game
Written by the judges who cited it.
The opinion
Judge Arnold,
dissenting.
I dissent. The Commission’s finding that Curtis was not acting within the scope and course of his employment at the time of the accident is supported by the evidence. Therefore, I would affirm the Commission.