A judge ruled that the injury was compensable, in part because driving a forklift around a store "was not out of the ordinary for CRST employees" and using a forklift in such a manner "was not a clear violation of a work rule or so out of the ordinary as to constitute a deviation from his employment." CRST and their insurer appealed. (Credit: Parilov/Shutterstock.com)
A truck driver injured while driving a forklift to get dog treats did not substantially deviate from the course of his employment, ruled the Court of Appeals of Arizona.
Gordon McChesney (McChesney) regularly drove a flatbed truck for freight company CRST International to several cities near Phoenix, Arizona, to pick up bales of cardboard at retail stores to bring back to a recycling facility. In April 2020, McChesney was at the first of three stops when he took a break to get dog treats for his furry friends at home, using a forklift to drive around the building. The forklift hit a rock and tilted; though it did not tip over, McChesney hit his head twice and, upon exiting the forklift, immediately lost consciousness. McChesney was taken to and treated at a local hospital before a family member drove him home.
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