Opinion
Rehearing Denied March 5, 1974.
Page 1055
Waldo & Waldo, Ralph E. Waldo, Jr., Greeley, for respondents claimants in the matter of the death of Quain K. Jahrman.
Francis L. Bury, R. S. Ferguson and James A. May, Denver, for petitioners.
John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., Denver, for respondent The Industrial Commission of Colo.
PIERCE, Judge.
This is a workmen's compensation case involving a claim for death benefits. The only issue presented for review is whether the decedent died as a result of an accident 'arising out of and in the course of his employment.' C.R.S.1963, 81--13--2(1)(d).
At the time of the accident, the decedent was employed by the University of Northern Colorado in the Bureau of Research. He held the rank of professor, but his duties did not include teaching assignments. He was involved in full-time work on the development of project proposals to research to be carried on at the University under federal grants. In addition to an 8-hour day, he occasionally worked evenings and weekends.
The decedent was returning from a convention of the American Vocational Association, of which he was a member, when the private plane he was piloting crashed, fatally injuring him. While he had not been requested by his employer to attend the convention, he had obtained permission from his supervisor who testified that the purpose of the trip was related to decedent's research. The University did not pay the travel expenses of the decedent, but did continue his salary during the time he attended the convention. He was not considered on leave or vacation by the University. The decedent's supervisor also testified that, because of a lack of University funds for such expenditures, it was not unusual for people in his department to pay their own way to professional meetings of this type. In addition, the employer's report of the accident filed with the Division stated: 'His attendance at the meeting was professional and, therefore, University business.'
The referee made extensive findings of fact and concluded that the decedent was within the scope of his employment at the time of the accident and entered an award of benefits accordingly. This decision was affirmed by the Commission without further hearings. We conclude that the decision of the Commission is supported by the evidence and we affirm the award.
The petitioners argue that the award is improer because there was insufficient evidence to show that the decedent's contract of employment contemplated attendance at the convention. They rely on University of Denver v. Johnston, 151 Colo. 465, 378 P.2d 830. In that case, the dean of the University of Denver Law School suffered a fatal heart attack while attending a legal fraternity banquet at which he was the guest of honor. The Supreme Court upheld the Commission's decision that the decedent was not within the course of his employment. The principal grounds for that holding were that the activities of the dean were primarily personal and only of incidental benefit to the University and that the making of this factual determination is the function of the Commission and not the courts. In the case before us, we conclude there was sufficient evidence in the record for the Commission to find that the activities of this decedent were more than incidentally beneficial to his employment. The benefit to this employer is clearly more direct than the 'good public relations' involved in Johnston. An analogous situation to the case before us would be presented where a school superintendent attends a conference for school officials for 'general discussion of school problems.' See Williams v. School City, 104 Ind.App. 83, 10 N.E.2d 314. In such cases, it may be said that attending the convention or meeting is 'an inherent part of the job.' 1 A. Larson, Workmen's Compensation Law s 27.31(c).
Where the findings of fact and the inferences drawn therefrom by the Commission are supported by competent evidence in the record, they will not be disturbed upon review. University of Denver v. Nemeth, 127 Colo. 385, 257 P.2d 423; Industrial Commission v. Allen, 28 Colo.App. 546, 478 P.2d 702.
Order affirmed.
ENOCH and RULAND, JJ., concur.