Employment: Course and Scope: Errands

Carrillo v. Liberty Northwest Insurance, 278 Mont. 1, 922 P.2d 1189 (1996). Claimant was within course and scope of employment during her coffee break when she was struck by an automobile while crossing a street en route to a gift shop to purchase a mug for a co-worker leaving employment. Rather than apply section 39-71-407(3), MCA (1991), relating to travel, the Supreme Court looked to factors enunciated by other courts, and as set forth in Larson’s Treatise, for determining whether employees on break are covered. Those factors include (1) whether the employee was paid during the break; (2) whether right to break is fixed in the employment contract pursuant to policy or regulation; (3) whether there are restrictions on where the employee may go during break; (4) whether the employee’s activity during the break constituted a substantial personal deviation.