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PESP/TSI Staffing v. Weese11/15/2002
le and some of its exceptions and concluded none applied in that case, stating " either can driving from [a worker's] home to another job in a different city be held to be a 'special task.'" (Emphasis added.) We can find no evidence in this record establishing that Claimant was performing any different work at the Texas project than he did at any other construction sites, and his decision to drive to the Texas project does not make that job a special task.
Claimant further argues that when the accident occurred, he and Moore were "charged with the task of retrieving their per diem checks, which were necessary for their daily commute back and forth between their home and the distant job site." (Emphasis added.) Considering the parties' stipulation that Claimant requested Employer to place his per diem check in the company mailbox in Oklahoma City so he could pick it up after work and that Employer normally sent these checks via Fed-Ex or mail, Claimant's argument must fail.
Claimant's final argument is that even in the absence of any specific instruction to do so, his decision to safeguard the welding rods conferred a direct benefit to Employer. However, the cases Claimant cites to support this argument, Skinner v. Braum's Ice Cream Store, 1995 OK 11, 890 P.2d 922, and Haco Drilling Co. v. Burchette, 1961 OK 145, 364 P.2d 674, involve an employer's liability for an employee's negligent acts, wherein incidental benefit to an employer may be considered to impose liability on the employer under respondeat superior. They have no application in a workers' compensation context.
The record contains no competent evidence to support the application of the special task exception. Therefore, the trial court order is not supported by any competent evidence and is vacated.
VACATED
HANSEN, P.J., dissents, and MITCHELL, J., concurs.
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