City of Eugene v. McDermed

Compensation for an injury is correctly awarded to a police officer injured while getting coffee if the officer was on duty at the time of the injury, and thus was within the scope of her employment.

City of Eugene (Employer) appealed Workers' Compensation Board's (Board) decision to award the McDermed, a police lieutenant, compensation for injuries she sustained after being hit by a motorist as she went to get coffee. Employer asserts the Board erred in finding McDermed's coffee run was "in the course of" and "within the scope of" her employment under ORS 656.005(7)(a). After analyzing McDermed's responsibilities, the Court of Appeals held the Board was correct in finding that McDermed was "in the course of" her employment and that her coffee run was not "solely a personal mission." Thus, the Board did not err in awarding compensation because the nature of McDermed's work as a police lieutenant meant that she was on duty, and while on duty, would respond to a situation within the scope of her employment if it arose. Affirmed.