Meyer

Petitioner Christopher Meyer, a car salesman for respondent Elmore Motors, was injured in an automobile accident while en route to the Colorado River to spend the weekend with his supervisor and coworkers. A workers’ compensation judge found a compensable injury arising out of and in the course of Meyer’s employment. Respondent Workers’ Compensation Appeals Board (Board) reversed. Meyer sought and was granted a writ of review.

Meyer’s supervisor, Bob Rhoden, invited several salesmen to join him for the weekend at his place near the Colorado River. The invitation was extended several days before to those salesmen who had the weekend off. *1040 Rhoden told them to bring wives or dates. Meyer testified he thought the gathering would be in the nature of a “pep rally” because sales for the month of April had been down. His own sales for February and March, his first two months with the dealership, had been excellent. However, his sales had been slow during April.

Meyer testified he decided to accept Rhoden’s invitation because he wanted to get better acquainted with the sales crew, he needed a short vacation, and he was afraid he would be fired if he declined. He was not…

Petitioner Christopher Meyer, a car salesman for respondent Elmore Motors, was injured in an automobile accident while en route to the Colorado River to spend the weekend with his supervisor and coworkers. A workers' compensation judge found a compensable injury arising out of and in the course of Meyer's employment. Respondent Workers' Compensation Appeals Board (Board) reversed. Meyer sought and was granted a writ of review.

Meyer's supervisor, Bob Rhoden, invited several salesmen to join him for the weekend at his place near the Colorado River. The invitation was extended several days before to those salesmen who had the weekend off. Rhoden told them to bring wives or dates. Meyer testified he thought the gathering would be in the nature of a "pep rally" because sales for the month of April had been down. His own sales for February and March, his first two months with the dealership, had been excellent. However, his sales had been slow during April.

Meyer testified he decided to accept Rhoden's invitation because he wanted to get better acquainted with the sales crew, he needed a short vacation, and he was afraid he would be fired if he declined. He was…

I respectfully dissent. The workers’ compensation judge found for the applicant. The board disagreed in a divided opinion which clearly applied the wrong standard.

*1045 The majority now propose to resolve the matter at this level on a very sketchy record. No witness testified concerning the employer’s attitude toward the weekend invitation or its policy on the use of dealership cars. We have no idea whether:

(1) The applicant might have been required to drive his demonstrator vehicle as a condition of employment (Hinojosa v. Workmen’s Comp. Appeals Bd. (1972) 8 Cal.3d 150, 156-157 [ 104 Cal.Rptr. 456 , 501 P.2d 1176 ]; State Comp. Ins. Fund v. Workmen’s Comp. Appeals Bd. (McGrew) (1973) 29 Cal.App.3d 902, 907 [ 106 Cal.Rptr. 39 ]);

(2) The employer intended to underwrite the weekend or differentiate in any way between those who attended and those who did not;

(3) There was a plan to hold business meetings at the gathering.

The answers to the questions above might tip the scales in this case, as could any number of other possible factors. I believe the appropriate disposition would be to remand to the board with directions to apply the correct law (Ezzy v. Worker’s Comp.…