Blackman v. Harris Baking Co.
| Decision Date | 26 October 1979 |
| Parties | Robert L. BLACKMAN v. HARRIS BAKING CO. |
| Court | Maine Supreme Court |
Joseph T. Walsh (orally), Bangor, for plaintiff.
James E. Millett (orally), Clyde L. Wheeler, Waterville, for defendant.
Before McKUSICK, C. J., and POMEROY, WERNICK, ARCHIBALD, GODFREY, NICHOLS and GLASSMAN, JJ.
Robert L. Blackman appeals from a pro forma decree of the Superior Court, Penobscot County, affirming an order of the Workers' Compensation Commission dismissing his petition for compensation. Blackman had sustained an injury while operating a vehicle of his employer, defendant Harris Baking Company. The Commission based its decision on a finding that at the time of the accident Blackman was operating the vehicle for his own personal use. He argues on appeal that his injury was compensable because he was "on call" at his home, to which he was returning at the time of the accident, and because the accident was a risk incident to his employment. We deny his appeal.
The Commissioner's findings of fact, based on undisputed testimony, were as follows:
The Commissioner concluded by stating that Blackman's injuries "did not arise out of the course of his employment," and dismissed the petition.
The Commissioner made no other findings of fact. The record of Blackman's testimony indicates that he considered himself "on call," twenty-four hours a day, seven days a week. However, he ordinarily did not work Wednesdays and Sundays, and he was not on duty at the time of the accident, which occurred on a Wednesday. The record also shows that the company deducted $2.50 a week from Blackman's pay for his privilege of using the company van for his own personal purposes. The company retained ownership of the van, and the record does not indicate that Blackman had any responsibility for its maintenance.
The Commissioner made no findings of fact as to the cause of the accident, but Blackman's testimony suggests the possibility that the condition of the van might have been responsible. There were no other vehicles or pedestrians involved. Blackman stated that he "felt a jerking on the wheel" but recalled nothing else until he awoke in the hospital. No other evidence was introduced with regard to the accident.
The only issue raised by this appeal is whether Blackman's injury was one "arising out of and in the course of his employment," within the meaning of Maine's Workers' Compensation Act, 39 M.R.S.A. § 51 (1978). The Commissioner's findings are final to the extent that they are findings of fact supported by competent evidence, but errors of law are subject to appellate review. Gilbert v. Maheux, Me., 391 A.2d 1203, 1205-06 (1978). Here the Commissioner made a finding of fact that Blackman was engaged in "purely personal activities" at the time of the accident. The only reviewable question is whether that finding is sufficient to support the legal conclusion that the injury did not arise "out of and in the course of" Blackman's employment.
The statute creates two separate requirements for a compensable injury defined in Gilbert v. Maheux, Supra, as follows:
"The 'arising out of' factor means...
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...(1978). (2) Whether the activities of the employee work to the benefit or accommodate the needs of the employer. See Blackman v. Harris Baking Co., Me., 407 A.2d 21 (1979); Gilbert v. Maheux, supra; Brown v. Palmer Construction Co., Me., 295 A.2d 263 (3) Whether the activities were within t......
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Moreau v. Zayre Corp.
...while the concept of an injury 'in the course of' the employment 'refers to time, place and circumstances.' Blackman v. Harris Baking Co., Me., 407 A.2d 21, 23 (1979), Quoting Gilbert v. Maheux, supra 391 A.2d at The critical inquiry here is whether the injury occurred "in the course of" th......
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...appellate review, but the Commissioner's findings of fact are conclusive if supported by competent evidence. E. g., Blackman v. Harris Baking Co., Me., 407 A.2d 21, 22 (1979). Eastern, however, invites us to disregard the Commissioner's findings and independently find the facts. Eastern arg......
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...while the concept of an injury "in the course of" the employment "refers to time, place and circumstances." Blackman v. Harris Baking Co., Me., 407 A.2d 21, 23 (1979), quoting Gilbert v. Maheux, Me., 391 A.2d 1203, 1205 (1978). See also Moreau v. Zayre Corp., Me., 408 A.2d 1289, 1292 (1979)......