Sisco worked as a tow truck driver for Quicker Recovery, a towing company in Oregon that had a contract to provide towing services for a municipal police department. The contract required Quicker to provide a tow truck within 30 minutes of receiving a request for services. Sisco was dispatched to tow an impounded truck and was enroute to the location when the police stopped him for speeding in the tow truck. Sisco refused to produce his driver’s license or any other identification and was arrested pursuant to a state statute allowing the police to arrest any traffic violator who cannot be identified sufficiently for purposes of issuing a citation. Sisco physically resisted arrest, but eventually he was subdued by officers who used an electronic stun gun to take him into custody. The day after the arrest, Sisco complained of neck pain and recurring spasms caused by the altercation with the officers. He claimed that the pain prevented him from carrying out his job responsibilities as a tow truck driver and submitted a workers’ compensation claim.

CASE QUESTIONS

1. Suppose Sisco’s altercation had occurred while he was enroute to his house during an unpaid one-hour lunch break. Would he still be eligible for compensation? Why or why not?

2. Would Sisco have been better served trying to articulate a negligence claim? Explain.