IBM Corp. v. Workers' Compensation Appeals Board

Opinion

THOMPSON, J.

This proceeding for a review of a determination of the Workers’ Compensation Appeals Board raises a narrow issue of application of the “commercial traveler rule.” We apply a liberal interpretation of the rule as mandated by

Wiseman

v.

Industrial Acc. Com.

(1956) 46 Cal.2d 570 [297 P.2d 649]. Accordingly, we uphold a determination of the board finding that a worker killed in an automobile accident was then within the course of his employment where: (1) the worker was sent by his employer from his home base in California to a

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training facility of the employer in Chicago, Illinois; (2) the employer paid the worker’s transportation to Chicago and allowed him a per diem to cover lodging and meals for the entire training period; (3) the employer required the employee to work only Monday through Friday; (4) the employer was aware of and encouraged the employee to visit relatives in Kenosha, Wisconsin, 59 miles from Chicago; and (5) the worker was killed while returning to Chicago from a weekend visit to his relatives in Kenosha in the midst of the period of his assignment to Chicago.

Facts

In 1974, Thomas Korpela was employed , by IBM Corporation as a “technical support representative.” His permanent place of employment was an IBM facility in California. Early in July of 1974, Korpela was assigned by his supervisor to a 10-day training program at IBM’s Chicago, Illinois, facility. Korpela’s relatives lived in Kenosha, Wisconsin, about 60 miles from Chicago. He was encouraged by the office manager and principal supervisor of his California place of employment to visit his Wisconsin relatives during the period he was to be in Chicago.

IBM arranged and paid for Korpela’s transportation to Chicago. It arranged for hotel accommodations and paid Korpela a per diem of $23 to cover food and lodging. The per. diem was paid for each day that Korpela was on the trip, although he was required to be present at IBM’s Chicago facility only Monday through Friday during normal working hours. Korpela was not required to remain at the hotel arranged by IBM and was entitled to his per diem regardless of where he stayed. There were no restrictions on the manner in which Korpela spent his leisure time while on his Chicago assignment.