Lindell v. Minnesota American Legion Pub. Co.
| Citation | 294 N.W. 416,208 Minn. 415 |
| Decision Date | 25 October 1940 |
| Docket Number | 32427. |
| Parties | LINDELL v. MINNESOTA AMERICAN LEGION PUB. CO. et al. |
| Court | Supreme Court of Minnesota (US) |
Certiorari to Industrial Commission.
Proceeding under the Workmen's Compensation Act, Mason's Minn St.Supp.1938, § 4272-1 et seq., by Isabelle A. Lindell claimant, against the Minnesota American Legion Publishing Company and others to recover compensation for the death of her husband. To review an order of the Industrial Commission awarding compensation to the claimant, the Minnesota American Legion Publishing Company and others bring certiorari.
Order affirmed, and writ discharged.
Syllabus by the Court .
1. If the work of an employee creates the necessity for travel, he is in the course of his employment, although he is serving at the same time some purpose of his own. But if the work has had no material part in creating the necessity of travel then the travel is personal and so is the risk.
2. Applying the rule stated, held that the record sustains the commission's award inasmuch as it appears that the employee's main purpose in making the trip was to serve the interests of his employer and was not a mere incident of the trip.
Hoke, Cobb & Janes, of Minneapolis, for relators.
Coursolle, Preus & Maag, of Minneapolis, for respondent.
Certiorari brings for review an order of the Industrial Commission awarding compensation to the widow of Edwin L. Lindell.
Decedent Lindell during a period of many years immediately preceding his untimely death was one of the outstanding leaders in the affairs of the American Legion in this state. He had held the top elective office of commander of the Minnesota department, and over a period of more than six years was its adjutant, a fulltime salaried job. Because of his ability as a public speaker and the general esteem in which he was held by his fellow men, his services as an orator and organizer were in great demand by the various legion posts throughout the state, and especially so on such occasions as Memorial Day and Armistice Day patriotic exercises.
In 1937 he was employed by the Minnesota American Legion Publishing Company as its advertising and circulation manager at a monthly salary of $300, under a Minnesota contract of hire. Relator Aetna Casualty & Surety Company is its compensation insurer. On November 10, 1938, while on a trip from Minneapolis, his home, to Jackson, where he was to speak the next forenoon, he sustained fatal injuries, the car driven by him having left the highway and overturned. The referee's finding (No. IV) was ‘ that said accidental injury did not arise out of and in the course of the employment of said employe by the said employer.’ His widow appealed to the Industrial Commission, where that finding was reversed. It made its own finding on this, the determinative issue, that ‘ said accidental injury arose out of and in the course of said employment’ and compensation was awarded. The only issue presented is whether the record sustains the commission. In its memorandum opinion the facts are fully stated. A brief resumé of the essential parts thereof may be helpful.
Decedent's salary automatically covered both compensation and expenses except that it was customary when he went to outlying legion posts in the state for him to be reimbursed by such post to the extent of 3 1/2 cents per mile for the use of his automobile, plus other items incidental to the trip paid by him out of pocket.
At the time of his hiring, the publication The Minnesota Legionnaire published by his employer and the official organ of the legion, had suffered a very considerable diminution in its subscription list, and as a consequence its value as an advertising medium had fallen to a low ebb. The employer's board having this in hand sought to restore its fortunes by the employment of Lindell as its circulation and advertising manager. He made determined efforts to bring about the desired improvement and ‘ succeeded substantially in reversing a declining trend.’ He devoted a great deal of his time to traveling all over the state in the interests of his employer, making personal contacts with legionnaires throughout the state. Because he was a man of ‘ exceptional personality and ability as a speaker’ he was remarkably successful.
There are two days of each year that legionnaires particularly set apart for civic and patriotic observance, Memorial Day...
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