Maril BeVan (BeVan) was employed by Blackfoot Telephone Communications (Blackfoot) as a customer sales and service representative in Missoula, Montana. Blackfoot employees received paid fifteen-minute breaks in the morning and in the afternoon and had to log in and out when they did so to ensure a sufficient number of representatives on duty at all times. Employees did not have to take their breaks on the premises and many went elsewhere or ran errands on their breaks. BeVan customarily took her breaks at 11:15 a.m. and between 3:15 p.m. and 3:45 p.m. On May 19, 2005, BeVan could not take her morning break at the usual time because she was serving customers. For this reason, she took her morning break at 11:45 a.m. and drove to her house to care for her dog. She was on schedule to arrive back at Blackfoot within the fifteen-minute break period when she was injured in an automobile accident during her return trip.
BeVan filed a workers compensation claim for her injuries. Liberty Northwest Insurance Corporation (Liberty), the workers' compensation carrier, maintained that her injuries did not occur within the course and scope of her employment and denied the claim. BeVan filed a claim with the Workers' Compensation Court (WCC) seeking compensation for her injuries. After reviewing BeVan's trial testimony, her deposition and the deposition of her supervisor, the WCC determined that BeVan was injured during a paid fifteen-minute break, applied the four factors established in Carrillo v. Liberty Northwest Insurance and concluded that her injury was compensable. Liberty appealed.
The Supreme Court of Montana noted that employees who receive injuries arising out of and in the course of employment are entitled to compensation. Liberty argued that BeVan's injuries did not meet that criteria because she abandoned her employment and sustained her injuries while performing a personal errand rather than during an authorized break, reasoning that she did not sign the log-out sheet when she left and that not doing so rendered her break unauthorized. Blackfoot encouraged its employees to take its breaks and did not require that they be taken at rigid specific times. While employees were required to sign out, failure to do so had never resulted in a reprimand to anyone and Blackfoot had no policy concerning whether employees could leave the premises to take their breaks.
The Supreme Court's conclusion that BeVan's injuries occurred during an authorized break did not compel it to conclude that she sustained a compensable injury. It evaluated four factors to determine if it was: (1) Was the employee paid during the break? (2) Did the employment contract entitle the employee to the break? (3) Did any restrictions limit where the employee could go during the break? (4) Did the employee's activity constitute a substantial personal deviation? Liberty did not challenge the WCC's conclusions of law as to these factors but argued that alternate rules should be employed to decide the case, including applying the "coming and going" rule. The Supreme Court felt that the facts of this case fell within the four factors and did not deviate enough to consider other rules. It examined the facts in relationship to each of the four factors and determined that there was no deviation and that the case solidly met the requirements of each.
The Supreme Court concluded that there was substantial credible evidence supporting the WCC's finding that BeVan was injured while on an authorized paid fifteen-minute break. It also concluded that the WCC correctly applied the four factors of Carrillo v. Liberty Northwest Insurance and correctly determined that BeVan's injuries occurred within the course and scope of her employment. It affirmed the WCC's decision without exception.
Supreme Court of Montana. Maril BeVan, Petitioner and Appellee, v. Liberty Northwest Insurance Corporation, Respondent/Insurer and Appellant. No. DA 06-0826. Decided Dec. 21, 2007. 340 Mont. 357, 174 P.3d 518