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Hurdle v. Holloway6/19/2003
later interpreted it to be. Rather, the first prong is merely part of the inquiry into whether the injury is, in fact, compensable.
The correct restatement of the inquiry set forth in Miller asks whether the injury is compensable under the act.
Id. at 624-25.
. Under Newell, the only inquiry required is that of "whether the injury is compensable under the act." Id. at 625. Injury as defined by the Act includes only "accidental injury or accidental death arising out of and in the course of employment . . . Accident has been defined as "something happening without design and being unforseen and unexpected to the person to whom it happens." L.B. Priester & Son v. McGee, 234 Miss. 471, 478, 106 So. 2d 394, 397 (1958) (quoting 99 C.J.S. Workmen's Compensation § 153, page 526). " he term is interpreted from the viewpoint of the employee ." Id. Willful and intentional acts are not compensable under the Act's definition of injury. " n injury arises out of employment when but only when there is a causal connection between the injury and the conditions under which the work is required to be performed." Brookhaven Steam Laundry v. Watts, 214 Miss. 569, 634, 59 So. 2d 294, 299 (1952) (quoting 58 Am.Jur. Workmen's Compensation, P. 718, Par. 211). Course of the employment means an injury which "takes place within the period of employment, at a place where the employee reasonably may be in the performance of his duties, and while he is fulfilling those duties or engaged in doing something incidental thereto, or, as sometimes stated, where he is engaged in the furtherance of the employer 's business." Bivens, 251 Miss. at 273, 169 So. 2d at 450 (quoting 58 Am.Jur. Workmen's Compensation § 212 (1948)). "A compensable injury must arise not only within the time and space limits of the employment, but also in the course of an activity related to the employment." Id. at 273, 169 So.2d at 451 (quoting Larson, Workmen's Compensation Law § 14 (1964)). "An activity is related to the employment if it carries out the employer's purposes or advances his interests directly or indirectly." Id. (quoting Larson, Workmen's Compensation Law § 14 (1964)). Under these definitions, the injuries sustained by Holloway are not "compensable injuries" under the Workers' Compensation Act. Holloway was assisting in the truck repair with Sam Hurdle as a personal favor. Holloway, 749 So.2d at 345. The truck repair was therefore not within the definition of "course of employment." Furthermore, there is no causal connection between Holloway's employment as a farm laborer and the accident which resulted from Sam Hurdle's intoxication. Also lacking are the "time and place" factors. The accident occurred on a public highway and not on the Hurdle's property. Id. The accident took place outside of Holloway's normal work hours. Id. at 347.
. Further, any argument that the accident does not rise to the level of willful or intentional fails. Sam Hurdle was violating the law at the time of the accident. He was drinking and driving, for which he received a First Offense DUI. He was driving recklessly and has acknowledged that the he can not say "whether he could have avoided the accident if he had not previously consumed a number of beers." Id. at 352. Such complete and total reckless disregard for human life and the law is "willful." In support of this contention, all one must do is look to the imposition of punitive damages on drunken drivers who cause accident and injury. Miss. Code Ann. § 11-1-65(1)(a), (3)(d)(ii) (2003 Adv. Code Serv. Pam. No.2 March 2003) Such acts are seen by this Court and the public as rising to the level of an intentional tort. See Choctaw Maid Farms, Inc. v. Hailey, 822 So. 2d 911 (Miss. 2002);
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