Workers' Compensation: Compensable Injury Doing Personal Errand on Customer's Property

CRST Int'l v. Industrial Comm'n, No. 1 CA-CIC 210049 (App. Div. I, October 6, 2022) (J. Thumma) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2022/IC21-0049%20-%20CRST%20OP.pdf

EMPLOYEE INJURED ON CUSTOMER'S PROPERTY WHILE ON PERSONAL ERRAND IS NOT ENGAGED IN A “SUBSTANTIAL DEVIATION” FROM EMPLOYMENT/INJURY IS COMPENSABLE

The respondent employee McChesney picks up broken down cardboard at stores around Arizona with a forklift, loads them on his truck and delivers the cardboard to a warehouse in Phoenix. On the day in question, he got a late start from Tolleson to Flagstaff because his truck needed repairs. He arrived at the customer's store, loaded the cardboard with his forklift and then while driving the forklift to the front of the store to buy biscuits for his two dogs, he hit a large rock twice striking his head and knocking him unconscious. He was taken to the local emergency room for treatment.

McChesney's Workers' Compensation claim was denied by the carrier as being an injury outside the scope of employment.  The Industrial Commission found for McChesney and the Arizona Court of Appeals affirms.  McChesney's conduct was proven to be common and ordinary practice by him in his job. Using the forklift to get to the front of stores to run personal errandS allowed him to get back to his truck and back to work quicker.  Such trips did not constitute “substantial deviations” from his employment.