Sunderland v. Lockheed Martin Aeronautical System Support Co.

Opinion

KITCHING, J.

INTRODUCTION

In this appeal we discuss the differing purposes of the workers’ compensation law and the respondeat superior doctrine of vicarious employer liability. We hold that the “commercial traveler rule” of workers’ compensation law may not be incorporated into the respondeat superior doctrine.

In workers’ compensation law, a worker is covered, without regard to fault, if the activity which injures the employee arises “out of and in the course of the employment.” The commercial traveler rule provides that during the period an employee travels on the employer’s business,…