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Roache v. Ind. Commission

Colorado Court of Appeals. Division I
May 8, 1986
729 P.2d 991 (Colo. App. 1986)

Summary

In Roache v. Industrial Commission of the State of Colorado (Colo.App. 1986), 729 P.2d 991, the claimant left her work place and was injured in an explosion in a convenience store where she had gone during a fifteen-minute paid break.

Summary of this case from Carrillo v. Liberty Northwest Ins

Opinion

No. 85CA1224

Decided May 8, 1986. Rehearing Denied June 12, 1986.

Review of Order from the Industrial Commission of the State of Colorado

Steven U. Mullens, P.C., James A. May, for Petitioner.

Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, Laura E. Udis, Assistant Attorney General, for Respondent Industrial Commission.

Kathleen W. Robinson, for Respondents State Compensation Insurance Fund and Irrigation Industries, Inc.,


Claimant, Nancy Roache, seeks review of an order of the Industrial Commission denying her workmen's compensation benefits for employment related injuries. On October 22, 1981, claimant left her workplace during a paid fifteen minute break and went to a convenience store located approximately one block away to purchase a beverage and something to eat. While she was in the store an explosion occurred and claimant was injured. The sole issue in this review is whether the off-premises injury sustained by claimant arose out of and in the course of her employment. See § 8-52-102, C.R.S. (1985 Cum. Supp.). We conclude that it did and therefore set the order aside.

Employment compensation cases involving injuries which occur off-premises during a rest or sustenance break normally raise the issues whether the employer retained control during the break period and whether the activity giving rise to the injury constituted a deviation from employment so substantial as to remove it from the employment relationship. See 1 A. Larson, Workmen's Compensation Law § 15.54 (1985); Caparolle v. Department of Taxation Finance, 153 N.Y.Supp. 2d 738, 2 A.D.2d 91 (1956), aff'd, 1 N.Y.2d 946, 142 N.E.2d 213, 162 N.Y.Supp. 2d 40 (1957).

Determination of these issues rests upon inquiry into such matters as: whether the break period is of a duration so short as to support the inference that employment activities were virtually uninterrupted; whether it is provided for by the employment contract; whether it is a paid interval; whether the employer permits off-premises breaks; whether the off-premises location is in close proximity to the employment site; and whether there are limitations on where employees may go during break. See 1 A. Larson, Workmen's Compensation Law, supra; Jordan v. Western Electric Co., 1 Or. App. 441, 463 P.2d 598 (1970); Sweet v. Kolosky, 259 Minn. 253, 106 N.W.2d 908 (1960); Caparolle v. Department of Taxation Finance, supra.

Here, the Industrial Commission determined that claimant's injuries did not arise out of and in the course of her employment because claimant's employer derived no benefit from her visit to the convenience store and because there were no special circumstances which reflected a causal connection between claimant's employment and her injuries. However, the record reveals that, because there were no vending machines or cafeteria facilities on the employment premises, employees were expressly permitted to go to the convenience store to purchase food or drink. The break period was of short duration and it was a paid interval. The store was located not far from claimant's place of employment. And, the visit was for the basic purpose of rest and refreshment.

Under these circumstances, we conclude that the employer retained control of claimant during the break period and that claimant's activity did not constitute a deviation from employment so substantial as to remove it from the employment relationship. Thus, the Commission erred in determining that claimant's injuries did not arise out of and in the course of her employment.

The order is set aside and the cause is remanded to the Industrial Commission for further proceedings consistent with the views expressed herein.

JUDGE PIERCE and JUDGE METZGER concur.


Summaries of

Roache v. Ind. Commission

Colorado Court of Appeals. Division I
May 8, 1986
729 P.2d 991 (Colo. App. 1986)

In Roache v. Industrial Commission of the State of Colorado (Colo.App. 1986), 729 P.2d 991, the claimant left her work place and was injured in an explosion in a convenience store where she had gone during a fifteen-minute paid break.

Summary of this case from Carrillo v. Liberty Northwest Ins

In Roache, the Colorado Court of Appeals reversed the Industrial Commission's denial of benefits to the plaintiff, emphasizing the following determinative factors: since there were no vending facilities on the premises, the employees were expressly permitted to travel off the premises to purchase refreshments; employees were paid during the break period; the break period was of a short duration; the convenience store where plaintiff traveled to was in close proximity to the place of employment; and, the purpose of the employee's visit was "for the basic purpose of rest and refreshment."

Summary of this case from Shaw v. Smith Jennings, Inc.

In Roache v. Industrial Commission, 729 P.2d 991 (Colo.App. 1986), we held that, for workmen's compensation purposes, one of the primary issues for determination was whether the employee was in the course of employment during the rest break period.

Summary of this case from LONGMONT v. ICAO

In Roache v. Industrial Com'n of State of Colo. 729 P.2d 991 (Colo. App. 1986) the court stated: "Employment compensation cases involving injuries which occur off-premises during a rest or sustenance break normally raise the issues whether the employer retained control during the break period and whether the activity giving rise to the injury constituted a deviation from employment so substantial as to remove it from the employment relationship."

Summary of this case from Matter of Claim of Laroc v. Labor Ready, W.C. No

In Roache the claimant was injured during a 15 minute work break in a convenience store 1 block from the employer's premises.

Summary of this case from In re Lopez, W.C. No

In Roache v. Industrial Commission, 729 P.2d 991 (Colo.App. 1986), the Court of Appeals held that a claimant's off-premises injuries sustained during an authorized "sustenance break" did not constitute a deviation from employment so substantial as to remove it from the employment relationship.

Summary of this case from In re Pulido, W.C. No

In Roache, the court found the claimant's off-premises break-time injury was compensable because the employer did not provide on-site break facilities and expressly authorized employees to go off premises to a convenience store to purchase food and drink.

Summary of this case from In re Pargas, W.C. No
Case details for

Roache v. Ind. Commission

Case Details

Full title:Nancy J. Roache, Petitioner, v. The Industrial Commission of the State of…

Court:Colorado Court of Appeals. Division I

Date published: May 8, 1986

Citations

729 P.2d 991 (Colo. App. 1986)

Citing Cases

Shaw v. Smith Jennings, Inc.

1. Workers' Compensation — personal comfort doctrine — death in automobile accident The Industrial Commission…

Matter of Claim of Laroc v. Labor Ready, W.C. No

When a personal deviation is asserted, the issue is whether the activity giving rise to the injury…