Claim of Davis v. Labor Ready
Decedent, employed by Labor Ready, an employment agency, died in an automobile accident while being driven home from a temporary work assignment by a fellow Labor Ready employee, McKinley Barnes. Barnes was not working that day but volunteered to drive decedent and other employees, receiving a small payment from each employee for transportation. Claimant filed for workers’ compensation death benefits on behalf of decedent’s minor children, which were initially granted by a Workers’ Compensation Law Judge but subsequently reversed and disallowed by the Workers’ Compensation Board. The central issue was whether the accident occurred within the scope of employment, specifically if Labor Ready had assumed responsibility for transporting its employees. The court affirmed the Board’s decision, concluding that Labor Ready did not have exclusive control of the conveyance, and therefore, the injuries were not sustained in the course of employment. The court also found no abuse of discretion by the Board in refusing claimant's rebuttal due to procedural deficiencies.