FINDINGS OF FACT, CONCLUSIONS OF LAW AND
Systems testing analyst for health insurer was struck by a
car while walking to gift shop during coffee break to buy mug
for co-worker who was leaving employment. Claimant was not
required or asked by superiors to purchase the mug. Breaks
were not mandatory, but employees often walked to nearby
locations to take breaks. Insurer denied liability on ground
accident did not occur in course and scope of employment.
WCC held accident did not occur in course and scope of
employment. (Note: this determination was reversed by the
Montana Supreme Court in Carrillo v. Liberty Northwest
Insurance, 178 Mont. 1, 922 P.2d 1189 (1996) (No.
trial in this matter was held on March 23, 1995, in Helena,
Montana. Petitioner, Carol Ann Carrillo (claimant), was
present and represented by Mr. James G. Hunt. Respondent,
Liberty Northwest Insurance (Liberty), was represented by Mr.
Larry W. Jones. Exhibit 1 was admitted by stipulation of the
parties. Claimant testified on her own behalf. The
depositions of claimant, Beth Lamping, Linda Ganno, Candy
Osborne and Kelly Munson were submitted for the Court's
presented: The sole issue before this Court is whether
claimant's injury occurred within the course and scope of
considered the Pretrial Order, the testimony presented at
trial, the demeanor and credibility of the witness, the
depositions and exhibit, the Court makes the following:
all times pertinent to this case, claimant was an employee of
Blue Cross Blue Shield of Montana (BCBS).
the time of the accident on March 2, 1993, claimant worked as
a systems testing specialist. Her normal work week was 40
hours but she often worked overtime. She was sometimes on
Claimant worked at BCBS offices located in the Donovan
building. The Donovan building is on the west side of Last
Chance Gulch south of its intersection with Lawrence Street
in Helena, Montana. BCBS also has a second building in Helena
which is commonly referred to as the Fuller building. That
building is located on the northwest corner of Fuller and
Lawrence streets, approximately a block away from the Last
Chance Gulch location.
provided its employees with a 15 minute break in the morning
and another 15 minute break in the afternoon. Breaks were not
mandatory; employees were free to take them or not.
Fifty to seventy-five people worked in the Donovan building.
There was a break room located in the basement of the
building which is small. Employees at the Donovan building
often walked to the Fuller building or other nearby locations
(Coney Island, the Gold Bar) to take their breaks. BCBS also
has a room in the Downtown Athletic Club (DAC) for use as a
substantial number of employees walk during their breaks.
BCBS encouraged its employees to engage in a healthy
lifestyle but did not require them to walk during breaks.
supervisors permit its employees to give going away parties
for employees leaving BCBS or transferring to other
departments. The parties were at times held during breaks,
but sometimes on company time. Planning could be done during
company time. On their ...