McCammon v. Neubert

OPINION

The sole determinative issue in this worker’s compensation appeal is whether the chancellor erred in finding that plaintiff’s injury arose out of and in the course of his employment.

Plaintiff, McCammon, was employed on an hourly basis by defendant, Joe Neubert, d/b/a Neubert’s Paint and Body Shop, as a *703painter s helper and errand boy. On February 15, 1980, plaintiff brought his lunch to work from home, yet around mid-day, at the request of his fellow employees, plaintiff got into his car and drove approximately one mile to a drive-in market to obtain their lunch. After placing their…