Richey v. Commander Mills, Inc.

1974 OK 47, 521 P.2d 805, 1974 Okla. LEXIS 310
CourtSupreme Court of Oklahoma
DecidedApril 16, 1974
Docket46336
StatusPublished
Cited by27 cases

This text of 1974 OK 47 (Richey v. Commander Mills, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Richey v. Commander Mills, Inc., 1974 OK 47, 521 P.2d 805, 1974 Okla. LEXIS 310 (Okla. 1974).

Opinion

LAVENDER, Justice:

Claim for compensation alleged occurrence of an accidental back injury while engaged in covered employment. Petitioners, hereafter designated respondents, answered admitting facts of injury, and that medical attention had been furnished and temporary compensation paid, but denied any permanent partial disability had resulted from injury. Respondents later filed amended answer denying claimant’s injury arose out of and in course of employment.

Upon hearing, parties stipulated essential facts, including payment of temporary compensation to June 17, 1972, and the case was heard upon the issue of whether claimant’s injury was compensable. The trial court determined claimant had suffered accidental injury arising from and in course of employment and entered a 300 week order for temporary total disability. Respondents also were ordered to pay reasonable and necessary medical expenses incurred after August 7, 1972, including charges of named physicians and hospital charges arising from self-procured medical attention.

Issues presented for review arise from an uninvolved factual background. Claimant was employed as a machine operator in respondent’s garment factory. In the work area, approximately 25 feet from claimant, there was a soft drink machine accessible to all employees as a convenience. Another work table had been installed in the work area between claimant’s machine and near the drink dispenser. The work performed at this table resulted in garment trimmings covering the floor in the area customarily traveled by employees.

Claimant’s work day began at 7:00 A.M., a 10 minute “coffee break” was permitted, and claimant’s 30 minute lunch period was at 11:30 A.M. Employees were not compelled to eat in the plant, but could remain inside using plant facilities which included places to sit and access to the drink dispenser. When the lunch period began, claimant left her machine and went toward the dispenser to secure a bottled drink. About half way to the machine she slipped on garment clippings covering the floor and fell, striking the coccyx area and injuring her back. The following day claimant commenced a course of medical treatment which will be discussed hereafter.

Respondent’s principal contention urges claimant’s injury cannot be compensable because not arising out of and in course of employment. Both parties discuss the ap *807 plicability of the “indirect benefit” principle to the issue of whether the injury arose out of and in course of employment.

It is axiomatic that compensable injury must arise within time and space limitations of employment, and also within the course of activity related to employment. An employee’s activity is work related if the employer’s purposes are being carried out, or the employer’s interests are being directly or indirectly advanced. This principle is the foundation for the doctrine that work-connected activity reaches beyond the direct services performed and includes ministrations to the personal comfort and needs of employees. For example, with respect to the status of an employee while he is eating his lunch on the employer’s premises, some courts have reasoned that food is essential to continued labor, and that an employee, in refreshing himself by eating during the lunch hour, is doing that which is a necessary incident of his employment. S3 Am.Juir.2d, Master and Servant, § 185.

This theory has provided basis for concluding that injury occurring during course of an unpaid lunch period on the employer’s premises comes within course of the employment. 76 A.L.R.2d, Anno.: Servant —Injury Outside Working Hours, § 8[a], p. 1239. Similarly, it has been reasoned that if'an injury which occurs while going to and from work on the premises is com-pensable, then an injury going to and from lunch on the premises is covered. Thus, if going to and from lunch on the premises is within course of employment, then remaining on the premises and eating lunch must be within the employment. 1 Larson, Workmen’s Compensation Law, §§ 15.50 & 20.21, and cases cited.

The principle is not new. An early English case, Blovelt v. Sawyer, 1 K.B. (1904) 271 announced the principle. A workman paid by the hour, but not including meal time, could take his meal on the premises, or go elsewhere as he chose. The workman sat down to eat his meal on the premises and was injured by a falling wall. The court held the eating period did not break the employment, since the mere fact the employee was not paid for the time, and while eating was not engaged in main purpose of the work, did not create a cessation of the employment, since it was to the employer’s advantage that employees have the opportunity to eat and thereby perform their work all the better.

Archibald v. Ott, 77 W.Va. 448, 87 S.E. 791, L.R.A.1916D, 1013, states the reason for the rule:

“ * * * Such acts as are necessary to the life, comfort, and convenience of the servant while at work, though strictly personal to himself, and not acts of service, are incidental to the service, and injury sustained in the performance thereof is deemed to have arisen out of the employment. A man must breathe and occasionally drink water while at work. In these and other conceivable instances he ministers unto himself, but in a remote sense these acts contribute to the furtherance of the work.
* * * That such acts will be done in the course of employment is necessarily contemplated, and they are inevitable incidents. Such dangers as attend them, therefore, are incident dangers. At the same time injuries occasioned by them are accidents resulting from the employment.”

This court early recognized the principle that an injury which occurred during non-work activity permitted for confort and convenience of employees, could arise out of and in course of employment. Willis v. State Industrial Court (1920), 78 Okl. 216, 190 P. 92.

Although recognizing existence and effect of the principle of indirect benefit, respondents insist the principle was rejected in Hegwood v. Pittman, etc. (1970), Okl., 471 P.2d 888. Further, they urge that whether injury occurs on or off the premises is not a controlling factor, which is true, but then they cite Wilson & Co. v. Worley (1972), Okl., 499 P.2d 438, for the proposition that the true test is whether *808 the employee is actively engaged in the employer’s work at the time of injury. Actually, in Worley it was said that whether the accident occurred off the premises of the employer is a factor to be considered in determining whether the claimant was engaged in work for the employer at the time of the injury. Immediately following that statement, the opinion noted that the accident occurred during the lunch hour while the claimant was eating; he was not performing any work arising out of or in the course of his employment; his activities were solely for his own benefit and pleasure; he was eating his lunch on his own time; and he picked up a salt shaker and struck it on a bench, breaking it and injuring his hand. The conclusion was that he was not entitled to recover Workmen’s Compensation benefits. Thus, the Worley case does not have to be, and should not be read as a rejection of the indirect benefit principle. The assumption in Worley that we rejected the indirect benefit principle in Hegwood is not controlling.

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Bluebook (online)
1974 OK 47, 521 P.2d 805, 1974 Okla. LEXIS 310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richey-v-commander-mills-inc-okla-1974.