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Custer v. Hartford Insurance Co.8/23/2005
rict II A & B, 59 S.W.3d 558, 565 (Mo. App. W.D. 2001). "Employees whose work entails travel away from the employer's premises are held in the majority of jurisdiction to be within the course of their employment continuously during the trip, except when a distinct [departure] on a personal errand is shown." Blatter v. Missouri Dep' t of Soc. Servs. Div. of Aging, 655 S.W.2d 819, 825 (Mo. App. S.D. 1983) (quoting Larson, Workmen' s Compensation Law, Vol. 1A, Section 25.00); See also Smith, 59 S.W.3d at 565. The employee is not required to have traveled a great distance or to have stayed overnight in order to fall within this exception and the trip may be local in nature. See Brown v. Mid-Central Fish Co., 641 S.W.2d 785, 786 (Mo. App. W.D. 1982); Baldridge v. Inter-River Drainage Dist. of Mo., 645 S.W.2d 139, 140 (Mo. App. S.D. 1982); Brown v. Weber Implement & Auto Co., 206 S.W.2d 350, 351 (Mo. 1947).
The record in the case at bar reflects that Custer's job involved extensive travel away from the office and that he was provided with a company car, the expenses for which were paid by Hartford, in which to perform duties away from the office. As part of his job duties, Custer regularly would go out of the office to visit insureds and outside agents. He also participated in golf games with insureds, agents and/or underwriters on at least a weekly basis. These activities were all approved of and encouraged by Hartford and constituted an important part of Custer's job. Viewed as a whole, the record supports a finding that Custer was an employee whose work entailed travel away from his employer's premises.
As noted supra, such employees are considered to be in the course and scope of their employment throughout any work-related journey, absent a distinct departure on a personal errand. On the date of the accident, Custer traveled, at the direction of his employer, to the golf course to participate in a golf tournament sponsored by his employer. His participation in the tournament was clearly work-related and for the benefit of his employer. As found by the Commission, Custer's actions in having dinner with agents after playing golf was likewise a requirement of his job , work-related, and of benefit to Hartford. Thus, the record does not reflect that Custer ever deviated from his work-related duties. In any event, at the time of the accident, Custer was traveling back home in his company car along the route set out for him by his employer. Such a journey home is considered to be in the course and scope of employment of an employee whose work entails travel away from the employer's premises. See Brown, 641 S.W.2d at 786; Baldridge, 645 S.W.2d at 140; Brown, 206 S.W.2d at 351.
This conclusion is consistent with the case law. In Brown v. Mid-Central Fish Company, 641 S.W.2d 785, 786 (Mo. App. W.D. 1982), an employee was injured in a one-car accident at 11:50 p.m. while returning to his home in Stilwell, Kansas, driving down Highway 69 in Johnson County, Kansas. The employee was a salesman for Mid-Central Fish Company, located at 1656 Washington Street in Kansas City, Missouri. Id . In that capacity, he serviced large restaurant accounts, working on his own schedule, calling on customers early in the morning and sometimes late at night. Id . His customers were located on the Plaza in Kansas City, Missouri, and in the south part of Johnson County, Kansas. Id.
On the day of the accident, the employee left home for work at 5:00 a.m. and worked until 3:00 p.m. when he made a delivery to Harry Starker's on the Plaza. Id . Later in the afternoon, he went to a co-worker's apartment in Merriam, Kansas, where he prepared dinner for two co-workers. Id . At 8:00 p.m., the employee wen
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