McFadden

Tom McFadden sustained injuries to his back, neck and hip while returning to work after an off-premises lunch with his supervisor and a coemployee. The workers’ compensation judge determined McFadden was injured in the course of his employment and awarded benefits. The appeals board reversed. We conclude the board erred and annul its order.

I

Master Protection Company (Master) employed McFadden as an outside salesman. He received a flat monthly salary of $2,350 including a $350 car allowance. McFadden shared an office at Master’s headquarters with a secretary and four other salesmen, but he spent most of his days outside the office making sales calls and maintaining client relations. His scheduled work hours were from 8:30 a.m. until 4:30 or 5 p.m., but Master had not designated any particular hours during which he was expected to take breaks or have lunch. McFadden, however, had discovered his lunch break was an ideal time to discuss work-related matters, and he commonly joined his supervisors and fellow employees for business lunches away from the office.

On the day of the accident, McFadden had been invited to lunch by a coworker, Kathy Severence. She had suggested…