The Oregon Workers' Compensation Board ruled against an injured worker who was working "out of town."
In this tragic case, the worker was killed in a motor vehicle collision when he was returning to his hotel room. The deceased worker was with another coworker, and the two had taken a trip to a gun store. The Board found that the accident was not covered by Oregon Workers' Compensation because the deceased had departed from his work activities and was on a personal errand when the collision occurred.
The representative for the deceased worker argued that because the injured worker was out of town at the time of the fatal collision, the fatality should a been covered under the statute. The Board disagreed, and explained that even if somebody is working out of town, if they make a distinct departure from the work that they are performing, any accident or death that occurs during that time is not within the course and scope of employment.
Whether somebody is in the course and scope of their employment is a complicated and fact intensive issue. If you have received a denial because the insurance company found that you were not in the course and scope of your employment, call us at 503-325-8600. We will review your file, and investigate your case to see if an appeal is the best decision for you.