Appeal from the Workmen's Compensation Appeal Board.
Leave to appeal denied, 397 Mich 825.
V. J. Brennan, P. J., and R. M. Maher and G. W. Britten,* JJ. R. M. Maher, J. did not participate.
1. Workmen's Compensation -- Travel Time -- Cause of Employment -- Nexus -- Variables -- Compensability.
An injury sustained while traveling to or from work is not compensable under workmen's compensation unless there is established a sufficient nexus between the employment and the injury; four variables to consider when assessing the sufficiency of the nexus are (1) whether the employer paid for or furnished employee transportation, (2) whether the injury occurred during or between working hours, (3) whether the employer derived a special benefit from the employee's activities at the time of the injury, and (4) whether the employment subjected the employee to excessive exposure to traffic risks.
2. Workmen's Compensation -- Travel Time -- Cause of Employment -- Travel Allowance -- General Raise -- Requirements of Job -- Benefit to Employer -- Special Arrangement.
Injuries incurred while traveling may be compensable under workmen's compensation when an employee is given a travel allowance to compensate for demands outside of the ordinary to fulfill the requirements of the job; but a general salary increase which is partially based on increased inconvenience due to additional travel, and which results in no particular benefit to the employer, is not a special arrangement for travel expenses which might make such injuries compensable under the law.
3. Workmen's Compensation -- Travel Time -- Special Function -- Commuting Requirements -- Course of Employment -- Overtime.
An employee who is injured while returning home from a special overtime assignment but who was not required to commute to and from home solely to attend this function is not injured in the course of his employment; overtime work does not by itself warrant compensation for travel related injuries.
4. Workmen's Compensation -- Social Events -- Cause of Employment -- Overtime -- Alcohol -- Extraordinary Travel Hazards.
A 13-hour work day followed by an employee's voluntary attendance at a social event where alcohol was consumed did not result in extraordinary travel hazards for the employee on his trip home where the employer did not expose the employee to an excessive number of commutations, the plaintiff did not remain on the job, the overtime work was not so long as to increase substantially the employee's fatigue, and the employee was not required to attend the party nor imbibe while there.
The opinion of the court was delivered by: Britten
Claim by Louis Pappas against Sport Services, Inc., and Continental Casualty for workmen's compensation benefits. Benefits denied. Plaintiff appeals.
Plaintiff, denied workmen's compensation benefits by both the hearing referee and the Workmen's Compensation Appeal Board, asks this Court to rule that he is entitled to compensation for injuries suffered in an automobile accident of August 2, 1970. We decline plaintiff's invitation to extend an employer's ...