Delgado v. Industrial Commission

I respectfully dissent. The facts are undisputed. Claimant personally repaired his spare tire at home on the night before his accident. He did not, however, put air into the tire, although he could have done so in the town where he lived. Claimant drove approximately sixteen miles to work arriving at 4:00 a.m. After working for a brief time, he decided to use his employer’s air pump to inflate his spare tire. The tire inexplicably blew up and Claimant was injured.

An injury must both arise out of and be sustained in the course of employment to be compensable. Dependable Messenger, Inc. v.…