Is Death During Non-Business Activities While Waiting for a Service Call Considered ''In the Course of Employment'' ?
In Oakes v. Workmen's Compensation Appeal Board (Pennsylvania Elec. Co.), 79 Pa. Commw. 454, 469 A.2d 723, 725 (Pa. Cmwlth. 1984) the employee, a duty foreman, responded to an emergency in a company car at 9:00 a.m. and then engaged in non-business activities of shopping and stopping at some bars consuming alcohol while waiting for a service call on the radio.
He was killed in an automobile accident at 4:00 p.m. on the road home.
The Court concluded that he was in the course of his employment, and it reasoned:
"Decedent ... was engaged when killed in completing the employer's task on which he had embarked earlier in the day; ... the homeward trip was a necessary part of his employment...." Id., 469 A.2d at 726.