Truck Insurance Exchange v. Industrial Commission

OPINION

JACOBSON, Chief Judge, Division 1.

Is an automobile salesman who drives his employer’s modified racing car within the course and scope of his employment during the race?

The deceased, Michael M. Henderson, was employed as an automobile salesman by the respondent employer, Jim Click Ford, Inc. Henderson’s compensation was based upon commissions earned by selling cars, or if his commission fell below the minimum federal wage, he was paid for the actual hours he worked on the sales floor.

Prior to May 6, 1972, Henderson had for some time been an automobile racing buff and had belonged to…