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. The case is CRST Int'l v. Indus. Comm'n of Arizona, 2022 Ariz. App. LEXIS 294 (Ariz. Ct. App. 2022). 

Gordon McChesney (McChesney) regularly drove a flatbed truck for CRST to several cities near Phoenix, Arizona to pick up bales of cardboard at retail stores to bring back to a Phoenix 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. 

CRST and its insurer denied McChesney's claim for workers compensation, claiming the trip was not within the scope of employment because "McChesney was on a personal errand and was prohibited from going into the store or using the forklift for transportation." Before an administrative law judge (ALJ), McChesney testified that he had never seen such a rule, and that using a forklift as he had been was both a common practice and something he had done before. The company safety manager agreed that employees could take breaks and "shop" in a store while "off duty," but maintained that employees were not to use forklifts as transportation. CRST witnesses agreed with the safety manager, who himself admitted to having used a forklift for transportation, but all agreed that the rule was unwritten. The manager of the store where McChesney was injured testified that CRST employees had been informed, via text message, to only come into the store to use the facilities or to buy food or drinks in order to limit in-person interactions due to COVID-19. McChesney said he did not get that text, and the operations manager "admitted that he did not confirm McChesney received the text."