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FeedSubstantial Deviations
How far may employees deviate from the course of employment before they are denied workers compensation benefits for injuries? The Hawaii Supreme Court recently addressed this issue in Kawakami v. Board of Water Supply. The Board employed Kawakami as a construction inspector. He used a company vehicle to travel between the Beretania Street baseyard and job sites and perform daily duties. He was required to return the vehicle to the baseyard at the end of each workday.
Kawakami left his assigned job site in Kaaawa around 2:30 p.m. to repair a sewer line for his girlfriend in Waianae. He had dinner with her, drank a few beers, took a nap and awoke around 10:00 p.m. He asked his girlfriend to follow him to the baseyard, let him drop off the vehicle and take him home. When he did not see his girlfriend's headlights in the rearview mirror, he turned around and was struck by a car while headed back to her house.
Kawakami claimed workers compensation benefits, arguing that he reentered the course of employment when he began driving back to the baseyard. The Hawaii Supreme Court rejected his claim, on the ground he deviated so substantially from his work that he abandoned his duties and was therefore not entitled to benefits. The Court referred to factors such as amount of time that elapsed, increased risk of injury, geographical distance involved and how the injury was caused.
Kawakami argued that his case was similar to a prior case awarding benefits, where an employee assigned to ferry rental cars from Lahaina to Kahului went out to dinner, visited several nightclubs and was found unconscious by the car. The Court distinguished that prior case, on the ground that the employee was allowed to take the car home and drive to Kahului the following morning.
In light of Kawakami, Hawaii employers should consider the reasons why they allow employees to take any company vehicles home. They should evaluate the risk that these employees will be entitled to workers compensation benefits, even if they are injured while driving after work for purely personal reasons.
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