Within time and space limitations of employment and

Info icon This preview shows pages 127–129. Sign up to view the full content.

within time and space limitations of employment, and also within the course of activity related to employment.” Richey v. Commander Mills, Inc., 1974 OK 47, ¶ 6, 521 P.2d 805, 807. We discussed the personal comfort mission rule in obiter dictum in Richey. An employee is in the course of employment if carrying out the employer’s purposes or advancing, either directly or indirectly, the employer’s interest. Id. An employee’s ministration to personal comfort and needs is an incident to the employment because it provides an indirect benefit to the employer. Id. This rationale is the basis of the personal comfort mission rule, which allows recovery for injuries incurred while an employee is ministering to his personal needs during the hours of employment. Id. ¶ 15 This Court applied the personal comfort rule in City Bus Co. v. Lockhart, 1951 OK 86, 229 P.2d 586 (1951). In City Bus Co., a bus driver who was assigned to a shift of seven and one- half hours without a scheduled break or lunch period, parked the bus and crossed the street to get something to drink. The driver was returning to his bus when he slipped and fell in the street, breaking his leg. The employer allowed a practice and custom of drivers taking no more than five minutes for personal comfort breaks. This Court found support in the record for the trial court’s finding that under the circumstances, the bus driver’s “procurement of water and food [were] reasonably necessary to the health and comfort of [the] employee [and did] not break the continuity of employment, the employee remaining under wage while doing so.” Id. ¶¶ 5, 14, 229 P.2d at 588-589 . ¶ 16 In Richey, 1974 OK 47, 521 P.2d 805, the claimant was a machine operator in a garment factory. As her thirty-minute lunch period began, the claimant left her machine, slipped on garment clippings which were on the floor, and suffered an injury. This Court recognized that “‘acts as are necessary to the life, comfort, and convenience of the servant while at work’ .... will be done in the course of employment is necessarily contemplated.” Id. ¶ 9, 521 P.2d at 807 (quoting Archibald v. Ott, 77 W.Va. 448, 87 S.E. 791 (1916) ). Reliance on the personal comfort rule was not necessary in Richey because the employee was on the employer’s property and was leaving her immediate work area. Id. ¶ 13, 521 P.2d at 808 . ¶ 17 K-Mart and its insurer attempt to distinguish Richey arguing Herring was not on K-Mart’s premises when he was injured. Whether injury occurs on or off an employer’s premises is not a controlling factor even though it is a consideration in whether the claimant was in the course of employment at the time of the injury. Id. ¶ 15, 521 P.2d at 808. Here, the fact that Herring was not on K-Mart’s premises at the time of his injury is not fatal to his claim. It is undisputed that the K-Mart store was locked, and, therefore, any restrooms or food vending machines inside would not be available to Herring. In City Bus Co., the bus driver was not on his employer's
Image of page 127

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Spring 2017 LER 590-E: GOVERNMENT REGULATION II 128 | P a g e premises at the time of the injury but was in the street. Nonetheless, this Court affirmed the trial
Image of page 128
Image of page 129
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern