Martinson v. W-M Ins. Agency, Inc.
| Decision Date | 29 January 1980 |
| Docket Number | W-M,No. 16345,16345 |
| Parties | Donald O. MARTINSON, Plaintiff, v.INSURANCE AGENCY, INC., State Insurance Fund, and the IndustrialCommission, Defendants. |
| Court | Utah Supreme Court |
Kent Shearer of Mock, Shearer & Carling, Salt Lake City, for plaintiff.
Robert B. Hansen, Atty. Gen., M. David Eckersley of Black & Moore, Salt Lake City, for defendants.
Plaintiff Donald O. Martinson seeks review of an order of defendant Industrial Commission denying him workmen's compensation for injuries suffered in an auto accident November 21, 1976, which he claims occurred in the course of his employment with defendant W-M Insurance Agency.
The controversy here is over whether Mr. Martinson was in the performance of his duties for the insurance agency when he became involved in an automobile collision on his return from what he claims was a combined business-pleasure trip to Park City on November 20, 1976.
The projected factual foundation upon which he bases his claim is: that he is vice president and a director of the insurance agency; that he spends a significant part of his time contacting customers, on which he receives commissions. One of the customers was the Kimball Art Center in Park City for whom he had provided a policy insuring the center's construction phase and the art exhibits. A director of the center, Mr. Robert Williams, was a personal friend and former employer of the plaintiff. He invited the plaintiff to attend the opening on November 20, 1976, and to consult with him regarding the adequacy of the insurance on the exhibits. Plaintiff drove to Park City, and attended the celebration of the opening of the center. He testified that he spent the evening of November 20 "socializing" with Mr. Williams and his wife and that he stayed that night in their condominium.
The next morning he got up late. He says that that afternoon, before he left, he discussed the insurance on the art center and arranged for an additional $55,000 worth of coverage on the art exhibits; and that he confirmed that additional coverage by a telephone call to Fireman's Fund Insurance Co. in Salt Lake City. It is noteworthy here that the amount of additional coverage was based on inventory records of the art center, which had previously been sent to the Salt Lake office, and that the business about it did not require any personal inspection of the exhibits by him.
That afternoon, in driving toward Salt Lake, he crashed into the rear end of a truck and suffered the injuries for which he seeks compensation. The plaintiff was given a blood alcohol test which showed an alcohol level of .18 percent; 1 and he concedes that it would be in order to reduce any award by the 15 percent provided for in Sec. 35-1-14, U.C.A.1953. 2
It is the plaintiff's position that under the undisputed facts, the only reasonable conclusion to be drawn is that the collision and his injury occurred while he was in the performance of his duties and that the refusal of the Commission to so find was therefore capricious and arbitrary.
In preface to analyzing his contention and the decision of the Commission, it is deemed advisable to make some general observations about the determination as to compensation coverage.
To maintain actuarial soundness and integrity of workmen's compensation systems, it is essential that premiums be collected to cover the risks involved. The coverage does not, and as a practical matter, cannot extend to any injury done to an employee wherever and whenever it happens but is limited to accidental injuries which occur in the course of or arise out of the performance of his duties. 3 A special problem exists in some occupations such as salesmen, where there is elasticity both as to the place and hours of such performance; and wherein it is comparatively easy for an employee, who may suffer an injury at practically any time or place, to contrive a report of being involved in business in order to bring himself under coverage.
The other side of the proposition is that in certain occupations there is no reason why some forms of social pleasures or diversions cannot be combined with the performance of duty, or indeed enhance it; and the presence of such a factor does not necessarily mean that one is not in the course of his employment. In such situations, where problems arise as to coverage, one of the tests sometimes applied is whether such a trip is one which someone else would have had to make for the employer at some time if the claimant had not. 4 Another such test, which is sometimes helpful is whether the...
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...injury occurred "in the course of" her employment, and (2) that the injury "arose out of" such employment. See Martinson v. W-M Ins. Agency, Inc., 606 P.2d 256, 258 (Utah 1980). Moreover, Walls must prove both of these requirements by a preponderance of the evidence. Lipman v. Industrial Co......
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