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In re Iliaifar4/28/1999
control the time, manner of travel, or route to be taken on claimant's trip. Indeed, the record establishes that, regardless of whether or not claimant was actually required to personally deliver the off-work slip, he made the delivery when it was convenient for him to do so. Finally, we find nothing about claimant's mid-afternoon trip to the employer's premises on December 29, 1995 which resulted in substantially increased risk over his usual trips to and from work. Under these circumstances, we conclude that the 'special errand' exception does not apply, even by analogy." (Footnote omitted; citation omitted.)
The Board's findings are supported by substantial evidence. In view of these findings of fact and applying the correct legal framework, I would hold that the Board did not err in concluding that claimant's activities did not come within the "special errand" rule and, consequently, were not "in the course of" his employment.
For all of the above reasons, I would affirm the Board's decision and, accordingly, I respectfully Dissent.
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