Lisa Beth Riley, Individually and as Next Friend for Amanda Gail Riley, Jennifer Nichol Riley, and Michael Joseph Riley v. Houston General Insurance Co.
This is an appeal from a summary judgment in a workers' compensation case. The appellants sought benefits after Roger Dale Riley's death in a fire that occurred in his apartment while he was asleep. Riley was employed as a maintenance man and lived rent-free at the apartment complex, being 'on call' but not compensated unless he responded to emergencies. The court affirmed the summary judgment, finding that Riley's death did not occur in the course and scope of his employment. The fire was not related to his work, and he was not performing any employer functions at the time of the incident, despite being 'on call'.