Fleetwood Enterprises, Inc. v. Workers' Compensation Appeals Board

Following the completion of the expressly “business” portion of a trip to Europe, John Moody (applicant), accompanied by his wife, extended their stay for additional sightseeing in Italy. While driving from Rome towards Düsseldorf, Germany, where the rental car was to be returned and the homeward flight boarded, the Moodys were involved in an automobile accident. Applicant suffered severe injuries. We are asked to determine whether, on the particular facts of this case, applicant’s injuries either arose out of his employment or were suffered in the course of his employment. We conclude that they did not and that applicant’s employer, Fleetwood Enterprises, Inc., is not obliged to provide workers’ compensation benefits with respect to the accident. We also conclude that the Workers’ Compensation Appeals Board (Board) erred in ruling that the presumption of compensability established by Labor Code section 5402 applies in this case.

STATEMENT OF FACTS

Fleetwood manufactures recreational vehicles (RV’s). Applicant was employed by Fleetwood as a design manager, and at file time of the accident had worked for Fleetwood for about 30 years. In the fall of 1999, along with two…