Pacheco’s Dependents v. Orchids of Hawaii
Hawaii Supreme Court
502 P.2d 1399 (1972)
Wilma Pacheco worked for Orchids of Hawaii (Orchids) (defendant) on Orchids’ production team. Orchids allowed employees to take 15-minute coffee breaks every morning and afternoon. Although employees typically stayed on Orchids’ premises during these breaks, Orchids did allow employees to leave. On July 7, 1967, Pacheco and three other Orchids employees drove off Orchids’ premises during the afternoon coffee break so that Pacheco could cash her paycheck at a nearby bank. Pacheco needed to cash her check during the day because she expected to work late, until after the bank would close. Pacheco had similarly cashed a paycheck during her coffee break on a previous occasion. Pacheco’s supervisor saw Pacheco and the other employees leaving and told them to hurry back. On the way to the bank, the employees were in a car accident, and Pacheco was killed. Pacheco’s surviving dependents (plaintiffs) sought workers’-compensation benefits from Orchids. The Hawaii Department of Labor and Industrial Relations denied the dependents’ claim, but the Labor and Industrial Relations Appeals Board awarded benefits on appeal. Orchids appealed to the Hawaii Supreme Court.
Rule of Law
Holding and Reasoning (Richardson, C.J.)
Dissent (Levinson, J.)
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