Hunley v. Industrial Commission ( 1976 )

HOLOHAN, Justice

(specially concurring).

While I agree with the result reached by the majority I believe that their opinion need not have gone further than to cite Johnson v. Arizona Highway Department, 78 Ariz. 415, 281 P.2d 123 (1955) as controlling.

In Johnson the Court clearly rejected the notion that the mere fact that an employer furnishes housing does not make an accident occurring on the premises compensable under workmen’s compensation. In order for such an accident to be compensable under the act, the occupancy of the employer’s premises must be shown to be required either expressly or by reason of the circumstances. When such a showing is made the occupancy of the employer’s premises becomes an incident to employment, and the activities on the premises an incident to the performance of the duties of employment.

In my view the facts which support the conclusion that the petitioner was required to live on the employer’s premises were not sufficiently emphasized. The unique locale, Grand Canyon Park, limited the alternatives available to an employee. The employer recognized the problem and provided housing. Those employees who did not use the employer’s housing occupied housing made available through their spouses’ employment or occupied their own mobile homes. The employer testified that it was essential to their employees that housing be provided. The petitioner had no automobile, had to be within walking distance of her work, did not have sufficient means to purchase a mobile home, had no spouse or relative to provide housing. The circumstances compelled petitioner to reside in the housing provided by her employer to be able to carry out her duties as an employee.

The accident occurred on the premises provided by the employer, and, as above stated, the use of the premises is considered an activity incident to employment providing the necessary causal relationship between injury and employment.

HAYS, J., concurs.