Fisher v. Poole Truck Line
In Fisher v. Poole Truck Line, 57 Ark. App. 268, 944 S.W.2d 853 (1997), appellant was a newly hired truck driver and as such was required by his employer to take a physical, which he did. When he reported to work to receive a driving assignment on the day of the accident, he learned that his urine test was unacceptable, and he would not be allowed to drive until he retook and passed the test. He left and immediately drove to the doctor's office, retook, and passed the test.
He was injured when his automobile was stuck by a tractor-trailer truck as he was returning to his place of employment with the results of the test. Although he was not ordered to bring back the results of the test, he knew that by hand-delivering the results he would receive his driving assignment.
The Court held Fisher was performing employment services while traveling from the employer's premises to retake the test and was injured on the return trip.