Shell Oil Co. v. Industrial Accident Commission

Petitioner, Shell Oil Company, seeks annulment of an award to the widow and minor children of Charles H. Byrd, deceased. At the time of his death, Byrd was employed by petitioner as a service station manager in Merced, California. On March 16, the Shell Oil Company held a dinner meeting in Stockton, which was called the Spring Dealers’ Meeting. Shell dealers in the area and their “key men” were invited to attend. The meeting began at 6 :45 with cocktails served from 6 :45 to 7 :30; dinner was .served from 7 :30 to 8 :30 p. m. After dinner a Shell news commentator described the Shell Company’s local radio advertising project, and a skit was presented relating to service station operation. The area retail manager talked for about 15 minutes, and the meeting ended at 10 p. m.

Petitioner contends that Byrd was not acting within the scope of his employment by attending the meeting because it was a social event, no attendance records were kept, and no service station manager was compelled to go. It is also pointed out by petitioner that no transportation by way of either expenses or company ear was furnished Byrd. As a matter of fact, this action arose out of Byrd’s use of his own car…

The facts are simple and are well stated in the majority opinion. I am in accord with the conclusion that, when attending the “Spring Dealers’ Meeting” on March 16th, decedent was on a “special errand” or “special mission” and was rendering services for his employer from the time he left his home until his return thereto. Had the tragic accident occurred during that round trip, his resultant death would have been compensable. Numerous California eases are in harmony with that conclusion, and need not be cited here.

*432 But that is not our ease. Mr. Byrd left his home in Merced, attended the dealers ’ meeting in Stockton, and safely returned to his home, leaving behind his disabled automobile. He then had completed his “special mission.” An important test of employer liability is whether or not the employee is acting within the course and scope of his employment at the time he sustains the injury. It seems to me that the majority opinion severs the course and scope of employment rule from the person and activities of the employee, and transfers it to his motor vehicle. It seems to hold that, until Byrd successfully and safely conveyed his disabled car to his home, the employment…

Petitioner, Shell Oil Company, seeks annulment of an award to the widow and minor children of Charles H. Byrd, deceased. At the time of his death, Byrd was employed by petitioner as a service station manager in Merced, California. On March 16, the Shell Oil Company held a dinner meeting in Stockton, which was called the Spring Dealers' Meeting. Shell dealers in the area and their "key men" were invited to attend. The meeting began at 6:45 with cocktails served from 6:45 to 7:30; dinner was served from 7:30 to 8:30 p. m. After dinner a Shell news commentator described the Shell Company's local radio advertising project, and a skit was presented relating to service station operation. The area retail manager talked for about 15 minutes, and the meeting ended at 10 p.m.

Petitioner contends that Byrd was not acting within the scope of his employment by attending the meeting because it was a social event, no attendance records were kept, and no service station manager was compelled to go. It is also pointed out by petitioner that no transportation by way of either expenses or company car was furnished Byrd. As a matter of fact, this action arose out of Byrd's use of his own…