What are the factors used by defendants in a motor vehicle accident case?

The defendants rely on number of decisions that were cited in Guild. They include WCAT-2009-00575, Thomas v. Lopez et al., where the panel considered the status of a plaintiff who, on a Saturday, was involved in an accident while on her way from her home to pick up a company vehicle at an auto repair shop, with the intention of spending some time at her workplace after picking up the vehicle. As part of its reasoning that the plaintiff’s injury arose out of and in the course of her employment, the panel found that the act of picking up the company truck introduced an employment element into what was otherwise a commute to work. The employment features of picking up the company vehicle were predominant and outweighed the personal features.

Also mentioned in Guild was Appeal Division Decision #95-0194, Begg v. Walsh, which involved a self-employed plumbing contractor who was involved in an accident when, during his vacation, he decided to drop off a company truck at a dealership. In finding that the plaintiff’s injuries arose out of and in the course of his employment, the panel reasoned that the plaintiff became temporarily involved in his employment by delivering a company asset to the dealership during his vacation.