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

Posted by Ted A. Schmidt | Oct 12, 2022 | 0 Comments

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)


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.

About the Author

Ted A. Schmidt

Ted's early career as a trial attorney began on the other side of the fence, in the offices of a major insurance defense firm. It was there that Ted acquired the experience, the skills and the special insight into defense strategy that have served him so well in the field of personal injury law. Notable among his successful verdicts was the landmark Sparks vs. Republic National Life Insurance Company case, a $4.5 million award to Ted's client. To this day, it is the defining case for insurance bad faith, and yet it is only one of several other multi-million dollar jury judgments won by Ted during his career. He is certified by the State Bar of Arizona as a specialist in "wrongful death and bodily injury litigation".


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