No. 06593092 (1999). EMPLOYEE: Jon Ford.

• Case Date: May 11, 1999
• Court: Massachusetts

Massachusetts Workers Compensation 1999. No. 06593092 (1999). EMPLOYEE: Jon Ford COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Jon Ford EMPLOYER: Baer's Cycle Sales INSURER: Workers' Comp. Trust FundBOARD NO. 06593092REVIEWING BOARD DECISION (Judges Smith, McCarthy and Wilson)APPEARANCES Barry E. O'Connor, Esq., for the Employee Richard Goldman, Esq. and Andrew Levine, Esq., for the Insurer at hearing Danielle L. Salvucci, Esq., and Vincent F. Massey, Esq., for the Insurer on appeal SMITH, J. The employee appeals the decision of an administrative judge denying his original liability claim for a motorcycle accident. Because the judge erroneously required proof of the employer's "clear affirmative approval" of the trip, we reverse the decision and recommit the case. The employee, Jon Ford, was employed by Baer's Cycle as a sales associate. (Dec. 3.) Ford was a very aggressive salesperson. His normal working hours were from 10:00 a.m. to 5:00 p.m.; however, his employer gave him more leeway than the other salespersons. (Dec. 3.) Although not specifically authorized to engage in selling off the premises of the employer, Ford testified that informal discussions with his sales manager/part owner had occurred regarding "outside prospecting." (Dec. 5; Tr. 32-33, 36-39.) The sales manager testified that the employer had an unwritten policy to allow demonstration rides only from the dealership. (Dec. 5; Tr. 103-104.) 1 It was unclear if Ford was ever told of this policy. (Dec. 5.) On June 3, 1992, Ford demonstrated a motorcycle to a potential buyer while off the employer's premises and outside of his normal working hours. (Dec. 2, 4-5.) Although Ford had intended to pick up some beer while riding the motorcycle, the primary purpose of the ride was to demonstrate the employer's motorcycle to a prospective buyer. (Dec. 4.) While demonstrating the motorcycle, Ford was involved in an accident in which he sustained devastating injuries. (Dec. 5.) He was hospitalized for two months and has undergone numerous reconstructive surgeries. At the time of the hearing, Ford had undergone sixteen such procedures. (Dec. 2.) Ford filed a claim for § 34 benefits and the matter was conferenced before an administrative judge. An order was issued in which Ford's claim was denied. Ford timely appealed to a hearing de novo...