Benoit v. Capitol Mfg. Co

In Benoit v. Capitol Mfg. Co, 617 So. 2d 477 (La. 1992) the court set out the jurisprudence interpreting this article, which involves consideration of two factors. First, the act must be one arising out of the course employment, and second, it must be within the scope of the employment. The course of employment test refers to time and place, while the scope of the employment test examines the employment related risk of injury. The court concluded its analysis by stating that a strong showing that the act was within the course of employment might be sufficient to compensate for a weak showing that it was within the scope of the employment, and vice versa.