Toia v. HTI LOGISTICS

I concur with the decision to reverse and remand this case for an award of benefits; and I write separately to reconcile this view with my position in Economy Inn & Suites v. Jivan, 97 Ark. App. 115, 253 S.W.3d 4 (2007). In Jivan, I voted with this court’s majority to deny benefits based on my view that the claimant was not advancing the interests of her employer while changing clothes to attend a work-out session. The supreme court, however, reversed us in Jivan v. Economy Inn & Suites, 370 Ark. 414, 260 S.W.3d 281 (2007).

The majority opinion clearly articulates the similarities between…