DEVIATION OF DUTIES

Elements

• An employee is not entitled to compensation for injuries which occurred during the material deviation from the course and scope of his employment.
• If the employee chooses to abandon the work routine expected by the employer to engage in activities that are of personal benefit to the employee, then the injuries sustained during the time the employee abandoned his work duties are not compensable.

Investigation

• What are the activities the employee was engaged in at the time of the injury?
• Does the employer condone the activities, or know the employee had engaged in the activities in the past, but did nothing to stop the employee from continuing those activities?
• How long and how far away was the deviation?
• Does the activity benefit the employer in any way?
• Had the deviation ended and was the employee again assuming his work routine at the time of injury?
• As a result of this deviation, was the employer's business neglected in any way?
• What kind of latitude did the employer give the employee to perform his duties?