Swanson Ex Rel. Swanson v. Fairway Foods

YETKA, Justice

(dissenting).

I dissent. I would reverse the Workers’ Compensation Court of Appeals and reinstate the compensation judge’s award of benefits pursuant to Hed v. Brockway Glass Co., 309 Minn. 73, 244 N.W.2d 28 (1976).

It seems to me that this case fits the special errand exception. The decedent did not work regular hours, but was usually notified at least 4 hours prior to the time he was to report if the employer wanted him to work on a particular day. On the night of the accident, he was not called until 9:00 p.m., the very time he usually reported. Moreover, he was not allowed to call a substitute, did not have a chance to rest before work as he normally would have, and was threatened that he would be dropped to the bottom of the seniority list if he didn’t report. Under those extreme conditions of stress, I believe both the work and the trip homeward were made more hazardous, warranting a finding of coverage.