Re: Commercial Traveler Rule
In the case of a commercial traveler, workers compensation coverage applies to the travel itself and also to other aspects of the trip reasonably necessary for the sustenance, comfort, and safety of the employee. The test is whether the activity during the injury is one that an employer might reasonably expect to be incident to its requirement that an employee spend time away from home. As the Court of Appeal recently observed, an employee away on business can hardly be expected to remain holed up in his hotel room.
In light of the liberal construction of the commercial traveler rule, courts have held that leisure time activity incident to an employer’s requirement that an employee be away from his home base for an extended period of time is within the course of employment.