US Bank Home Mortgage v. SchreckerAnnotate this Case
Andrea Schrecker was injured when she crossed a street where there was no crosswalk and was struck by a car. Schrecker had decided to skip her lunch break due to an absence of a co-employee that day and was going to get something to eat from a fast food restaurant across the street during her afternoon break when she was injured. An administrative law judge (ALJ) concluded that Schrecker’s injury occurred while she was within the course and scope of her employment and awarded her medical expense benefits and income benefits. The Workers’ Compensation Board concluded that the ALJ did not err in finding that Schrecker’s injury occurred in the course and scope of her employment. The court of appeals affirmed. The Supreme Court reversed, holding that Schrecker was not in the course and scope of her employment when injured because she undertook a route to seek personal comfort that exposed her to a hazard completely removed from normal going and coming activity and which was expressly prohibited by the Commonwealth and impliedly forbidden by her employer. Remanded for entry of an order dismissing Schrecker’s claim.