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P.A.M. TRANSP. v. MILLER6/1/1988
his employment activities. I do not agree that it was in the employer's best interest for appellee to drive his employer's vehicle, exposing it to potential liability, by consuming intoxicating beverages in violation of the federal regulations.
I think where the Commission and the majority go astray is their recognition that the driver's consumption of "two beers" was perhaps "reasonably expected." I sympathize with the driver, but he deviated from his employment on an errand of a personal nature which was not in the best interests of his employer nor in furtherance of his employer's interest either indirectly or directly. It was such prohibited behavior that he could not have resumed his employment status for at least four hours from the time of the consumption of the "two beers." I would reverse and reinstate the Administrative Law Judge's opinion denying benefits.
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