In Tanner v Crest Foam Corporation, 2003 WL 22533648 (Mo. App. S.D. 2003), Court of Appeals reversed an award of death benefits to surviving spouse of employee where the vehicular accident, even though occurring in employee?s sales territory, was the result of an alcohol related social dalliance by employee with friend, and thus proved injury did not arise out of or in the course of employment.
In Blades v Commercial Transport, Inc., 30 S.W.3d 827 (Mo.banc. 2001). Truck driver employee was on his way to testify for his union in an arbitration matter in dispute over additional pay. Case denied, any accrual of benefit to the employer from claimant?s presence was too attenuated and remote to say it fell under the mutual benefit doctrine.
In Spieler v Village of Bel-nor, 62 S.W.3d 457 (Mo.App. E.D.) 2001, off-duty police officer returning from a party outside employer?s jurisdiction sustained injuries while assisting motorists. Activities were found to be arising out of the employment and furthering employer?s interest by rescuing members of the public, the court noting: "In a sense, a police officer is never off duty" which, the Court held, accurately reflects the state of the law.
In Deckard v O?Reilly Automotive, 31 S.W.3d 6 (Mo.App. 2000). Defamatory comments after claimant?s termination did not fall within the exclusive jurisdiction of workers? compensation. An assistant manager was terminated on grounds of making false tickets and states he had to repeat defamatory comments in his search for employment. The jury awarded $125,830 in actual damages and $150,000 in punitive damages. The case was remanded due to error in the jury instructions regarding qualified privilege.
In Chambers v SDX, 948 S.W.2d 448 (Mo.App.E.D. 1997), one driver, as was customary among drivers, lent aid to another driver for a different company, was injured, and was covered.
In Cook v St. Mary's Hospital, 993 S.W.2d 934 (Mo.App. W.D. 1997), a home health aide who injured her back dodging a wild bird which had flown down the chimney was found to have a compensable accident. It was found that the opened, defective chimney damper was "a substantial factor" in causing her to be at greater risk than the public.
In Jemison v Superior Auto Mall, 932 S.W.2d 431 (Mo.App. W.D. 1996), an employee, on a paid lunch hour, was injured returning from two job interviews during his lunch hour. The Court held his employment was "suspended," no compensation was allowed.