Pina v. American Piping Inspection

Petitioner Octavio Pina was employed as a pipeline installer by American Piping Inspection, Inc. At the time of his injury, he worked at an oilrig site approximately 130 miles away from his home. Petitioner traveled weekly to Employer's drilling site; he would work 6 days then return home on the weekend. Employer provided a daily per diem payment for lodging and meals incurred. Employer used Petitioner's truck to haul work related equipment and materials and paid him $50 per day for the use of his truck. At the time of Petitioner's injury, it was the practice of Employer to pay for the gas necessary to refuel Petitioner's truck each morning before traveling to the rig site. Petitioner was required to stop at the Employer-designated gas station at the time set by the supervisor. Employer also agreed to purchase ice and water each day for the entire crew, but only if they stopped at the designated gas station at the time specified by Employer. Employer had been paying for Petitioner's gasoline for three months prior to his injury. On the morning of September 22, 2014, Petitioner met his supervisor at the designated gas station to get ice, water and gasoline. The supervisor agreed that "Claimant was reporting to work that morning when he made it to the gas station." On his way to the worksite, Petitioner had a collision and sustained serious injuries. Emergency medical care was given and Petitioner was transported via helicopter for medical treatment. Petitioner never arrived at the drilling site that morning. Although Petitioner did not sign the attendance sheet at the rig site that morning, Employer paid him for a full day of work. Petitioner filed a claim for benefits under the Administrative Workers' Compensation Act (AWCA). Employer denied the claim was compensable within the meaning of the AWCA on the following grounds: (1) Petitioner was not performing employment services at the time of injury; and (2) the injury did not occur in the course and scope of employment. The administrative law judge determined Petitioner's injury did not occur in the course and scope of employment within the meaning of the AWCA and denied his claim. The Oklahoma Supreme Court reversed, finding Petitioner was in the course and scope of his employment as the term was defined in 85A O.S. Supp. 2013 sec 2 (13) because his actions at the time of injury were related to and in furtherance of the business of the employer. View "Pina v. American Piping Inspection" on Justia Law