United Parcel Service of America, Inc. v. Industrial Accident Commission

NOURSE, J. pro tem.

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Petitioners seek review and annulment of an award of the Industrial Accidenjt Commission allowing workmen’s compensation benefits to an employee who sustained an injury to his right foot while participating in a foot race at an annual company picnic.

The sole question presented is whether there was substantial evidence to justify the commission’s finding that the injury so sustained by the employee arose out: of and occurred in the course of his employment. Petitioned, United Parcel Service of America (hereinafter called “United”), was engaged in the business of making deliveries o[f merchandise to customers of stores; and respondent Byingion on workdays was employed as one of its delivery truck drivers.

The annual company picnic of United at yrhieh respondent Byington was injured was held on a Sunday, which was not a workday. United’s employees were not paid for attending

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said annual picnic and they were not penalized in any way for n'onattendance. The picnic was held off the employer’s premises át a rented park area. The employee testified that said park area was rented by the employer for the occasion. No transportation to the picnic park was furnished by United, and the employees travelled to the picnic park by their own selected means of transportation. The employees did not wear uniforms and the evidence does not show that there was anything in connection with the picnic which would advertise the service rendered by United. The employees were not required to attend the picnic and if they did not attend might employ their time as they saw fit.

The applicant as well as other employees and their families were invited to attend the picnic by an announcement of it published in the company’s newspaper.

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Their attention was also directed to the picnic by their supervisor.

Liability of an employer to an employee for compensation only exists where at the time of the injury the employee is performing a service growing out of and incidental to his employment and is acting in the course of his employment and the injury is proximately caused by the employment. (Lab. Code, § 3600.) An injury sustained in an athletic contest is compensable as incidental to employment and within the course of employment only when it occurs on the employer’s premises during a lunch or recreation period as a regular incident of employment or in cases where the employer has expressly or impliedly required participation or attendance at the function or where the employer derives a substantial direct benefit from the employee’s attendance at the function or his engagement in an athletic activity, beyond the intangible value of improvement in the employee’s health or morals that is common to all kinds of recreation and social life, or where the activity is one contemplated by the contract of employment- and the opportunity to engage in it is a part of the