SAIF v. Summer

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Workers Compensation
  • Date Filed: 07-21-2021
  • Case #: A171463
  • Judge(s)/Court Below: Armstrong, P.J. for the Court; Aoyagi, J.; & Sercombe, S.J.
  • Full Text Opinion

An injury takes place in the course of employment if it occurs “while the worker reasonably is fulfilling the duties of the employment or is doing something reasonably incidental to it.” Fred Meyer, Inc. v. Hayes, 325 Or 592, 598, 943 P2d 197 (1997).

SAIF contended that the board erred in determining that the claimant’s injury arose out of and occurred during course and scope of her employment. SAIF argued that the claimant was not in the course of her employment at the time of the accident because she was on a personal errand d and not working or at a place where she was expected to be at the time of injury. Claimant argued that she was on-call and as soon as she agreed to perform a task for her co-worker at the expectance of her supervisor, she was engaged in a task for her employer that brought her within the scope of her employment. An injury takes place in the course of employment if it occurs “while the worker reasonably is fulfilling the duties of the employment or is doing something reasonably incidental to it.” Fred Meyer, Inc. v. Hayes, 325 Or 592, 598, 943 P2d 197 (1997). The Court agreed with the board’s conclusion that the claimant was in the course of her employment. The claimant’s task of delivering cash to her supervisor was well within the scope of employment and was clearly work-related. Injuries can be work related even if they occur in the performance of duties that are off the employer’s premises and not considered a typical task of the employer. Affirmed.

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