Delgado v. Industrial Commission

901 P.2d 1159, 183 Ariz. 129, 179 Ariz. Adv. Rep. 18, 1994 Ariz. App. LEXIS 251
CourtCourt of Appeals of Arizona
DecidedDecember 8, 1994
DocketNo. 1 CA-IC 93-0082
StatusPublished
Cited by12 cases

This text of 901 P.2d 1159 (Delgado v. Industrial Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Delgado v. Industrial Commission, 901 P.2d 1159, 183 Ariz. 129, 179 Ariz. Adv. Rep. 18, 1994 Ariz. App. LEXIS 251 (Ark. Ct. App. 1994).

Opinions

OPINION

LANKFORD, Presiding Judge.

This is a special action from an Arizona Industrial Commission decision denying compensability. The issue presented is whether Claimant’s injuries sustained from an unexplained explosion while using his employer’s air pump for a personal purpose arose out of and in the course of his employment. Because the employer condoned its employees’ personal use of the air pump and the Claimant’s deviation from his work was insubstantial, we conclude that the worker’s injury is compensable and therefore set aside the award.

The facts are undisputed. Claimant worked for Northside Hay (“Northside”) in its grain mill, which is located 16 miles from Claimant’s residence in Casa Grande. Claimant commuted to work in his own truck and was neither paid nor reimbursed for traveling to work. Claimant did not use his truck for any of his employer’s purposes.

On July 14,1992, Claimant arrived at work and parked his truck near an air pump on Northside’s premises. He clocked in as usual and immediately checked to see if the grain barrels needed to be cleaned. He turned on a fan, which removed dust from the mill, to prevent an explosion. Approximately one hour later, he returned to his truck, retrieved his spare tire and attempted to inflate it. For an unknown reason, the tire exploded and injured Claimant. North-side’s carrier, Paula Insurance Company, denied Claimant’s application for worker’s compensation benefits.

[131]*131At the ensuing hearing, the parties contested whether Claimant’s injuries “arose out of’ and “in the course of’ his employment. See AR.S. § 23-1021(A) (“Every employee ... who is injured ... by an accident arising out of and in the course of his employment ... shall be paid ... compensation”.). Claimant testified that his duties did not require him to use the air pump. He conceded that he could have inflated his tire in Casa Grande, but he explained that he and other employees often used Northside’s air pump for personal purposes and that North-side had never prohibited the practice. Northside did not introduce any evidence of its policy regarding its employees’ use of the air pump or of the employees’ actual usage.

The Administrative Law Judge (“ALJ”) determined that the employer condoned the employees’ use of the air pump, but nonetheless denied compensability. He found that Claimant was injured in an activity that was “purely personal” and that the risk of injury was unrelated to his work. See Dependable Messenger, Inc. v. Industrial Comm’n, 175 Ariz. 516, 520, 858 P.2d 661, 665 (App.1993) (defining “purely personal” activities as those that render no benefits to the employer). The ALJ determined the activity was purely personal because it did not directly benefit Northside, and any indirect benefit, such as enhanced employee morale, would be “ephemeral.” He also decided that North-side’s acquiescence in its employees’ use of the air pump did not convert use of the air pump into a work-related activity.

On review, Claimant contends that his injury arose out of and in the course of his employment as a matter of law. He argues that because Northside condoned its employees’ use of the air pump and benefitted from increased employee morale, that his use of the air pump was work-related. Respondents argue that Claimant is not entitled to compensation because his injury was caused by his own tire, while engaging in a purely personal activity.

We generally review the evidence in the light most favorable to sustaining the decision and will not set aside an Industrial Commission award if the evidence reasonably supports it. Finnegan v. Industrial Comm’n, 157 Ariz. 108, 109, 755 P.2d 413, 414 (1988). Because the facts are undisputed in this case, however, whether the claimant was injured in the course of employment is a question of law. Id.

The Arizona Worker’s Compensation Act provides compensation for injuries that arise out of and in the course of an “activity related to the claimant’s employment.” Id. at 110, 755 P.2d at 415. The “in the course of’ and “arise out of’ elements are separate yet interrelated inquiries. The “in the course of’ element requires us to consider the “time, place and circumstances” of an activity. E.g., Truck Ins. Exch. v. Industrial Comm’n, 22 Ariz.App. 158, 160, 524 P.2d 1331, 1333 (1974). The “arise out of’ element requires us to consider the cause of an injury. E.g., Royall v. Industrial Comm’n, 106 Ariz. 346, 349, 476 P.2d 156, 159 (1970). To determine whether a sufficient “work-connection” is established we consider the results of the two tests together. Id. at 349-350; 1A Arthur Larson, The Law of Workmen’s Compensation, § 29.00, p. 5-477' (1993).

“[I]t is a matter of the totality of the circumstances as they impact on the employment relationship which determines whether an injury is compensable as arising out of and occurring within the course of the employment.” Stephenson v. Industrial Comm’n, 23 Ariz.App. 424, 426, 533 P.2d 1161, 1163 (1975) (quoted with approval in Finnegan, 157 Ariz. at 111, 755 P.2d at 416). Specifically, the circumstances include:

Did the activity inure to the substantial benefit of the employer? ... Was the activity engaged in with the permission or at the direction of the employer? ... Did the employer knowingly furnish the instrumentalities by which the activity was to be carried out? ... Could the employee reasonably expect compensation or reimbursement for the activity engaged in? And, finally, was the activity primarily for the personal enjoyment of the employee?

23 Ariz.App. 424, 426, 533 P.2d 1161, 1163 (1975) (quoting Truck Ins. Exch., 22 Ariz. App. at 160, 524 P.2d at 1333).

[132]*132Finnegan v. Industrial Comm’n is a case closely analogous to this one. In Finnegan, the Arizona Supreme Court concluded that an employee’s use of his employer’s facilities for a personal purpose is in the course' of employment if the employer authorized the activity. 157 Ariz. at 111-12, 755 P.2d at 416-17. In that case an employee sustained injuries while using the equipment of his employer, an automobile repair shop, after working hours. The employee was helping a co-worker repair the co-worker’s vehicle. Similar to the finding here that claimant’s activity did not benefit his employer, the administrative law judge in Finnegan found that the repair work was “of no benefit to the shop’s owner.” Id. at 109, 755 P.2d at 414. The supreme court, however, held that where an employer approves of an activity, grants permission for the use of its equipment, and maintains a policy allowing the activity, there was “sufficient indicia of employment related activity.” Id. at 111, 755 P.2d at 416 (quoting Stephenson, 23 Ariz. App. at 426, 533 P.2d at 1163). “In essence, it was a fringe benefit employees received for working at the shop.

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Bluebook (online)
901 P.2d 1159, 183 Ariz. 129, 179 Ariz. Adv. Rep. 18, 1994 Ariz. App. LEXIS 251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delgado-v-industrial-commission-arizctapp-1994.