Ortiz v. Clinton

OPINION

CHRISTOPHER M. SKELLY, Judge. 1

This appeal addresses whether an employee who was intoxicated while driving on the job and who failed to heed his co-worker’s order to stop the vehicle was acting outside the scope of his employment. We hold that the trial court correctly concluded that the employee was within the scope of his employment and that the co-worker’s exclusive remedy against the employee is workers’ compensation benefits.

FACTS AND PROCEDURAL HISTORY

Appellant Reneé Ortiz and Appellee Jeremy Clinton worked for Hozhoni Foundation for the Handicapped, Inc. (“Hozhoni”). Hozhoni…