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eBook details

• Title: Ara Marie Histed v. E.I. Du Pont De
• Author : Supreme Court of Delaware
• Release Date : January 10, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

MOORE, Justice. Ara Marie Histed appeals a decision of the Superior Court affirming the Industrial Accident Board's (the "Board") denial
of workers' compensation benefits to her. Ms. Histed was injured in an automobile accident that occurred outside of her normal
work hours while she was responding to her employer's call for emergency service at one of its plants. This case raises an
issue we have not previously addressed under our workers' compensation law - when, if ever, can an employee's commute to the
work site qualify under the "special errand" exception to the general "going and coming" rule of employer nonliability? The
Board ruled that her return trip to the plant did not qualify under the "special errand" exception, and the Superior Court
affirmed. We reverse. Under the totality of circumstances here - including the urgency, inconvenience, increased risk, compensation
for, and purpose of the claimant's trip - the necessary factual bases exist to convert what would otherwise be an ordinary
commute into a special errand for the employer's benefit in the course and scope of Ms. Histed's employment.

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