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Arkansas has one of the most restrictive rules when it comes to judging whether an injury arises out of and in the course of the employment, requiring the injury to have occurred while “employment services” are being performed. In spite of that generally restrictive rule, a state appellate court held that a truck driver’s fatal injuries sustained as he attempted to return to his truck that he had parked along a five-lane road arose from the employment in spite of the fact that he had stopped to purchase a breakfast snack from a convenience store. The court noted that the driver originally had appeared at his employer’s front gate with a load of cement at 6:35 a.m., but the employee responsible for unlocking the gate had not yet arrived. Given that the driver would have to wait, he drove one-half mile to the nearby convenience store where he parked his truck, made his purchase, and was struck by a vehicle as he attempted to re-cross the highway to return to his truck. The driver was sufficiently engaged in “employment services,” indicated the court.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Razorback Concrete v. Perkins, 2015 Ark. App. 368, 2015 Ark. App. LEXIS 449 (June 3, 2015) [2015 Ark. App. 368, 2015 Ark. App. LEXIS 449 (June 3, 2015)]
See generally Larson’s Workers’ Compensation Law, § 3.01 [3.01]
For a more detailed discussion of the case, see http://www.workcompwriter.com/arkansas-truck-drivers-fatal-injuries-sustained-while-crossing-street-after-break-are-compensable/#more–1166
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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