honors a circuit court decision is against the manifest weight the evidence and that it is at the end that injury is not in the course of employment nor did it arise out of the employment now what we have here is a forklift driver who went to grab watch personal here and wasn't taken under the limited permission from the supervisor for purposes of justice by the supervisor in the because of the circumstances he didn't just take off didn't wasn't discussed and dance by the supervisor to the supervisor give him permission to do this i would say that it wasn't necessary discuss in advance the issue came up that it was too late for them to get the kids out once they wanted food and it apparently no one had brought their food that could group right this is true so why isn't it in connection with his job it's a personal interest your honor i mean one's one's person one's nutrition isn't necessarily going to be of benefit to lea done people have to meet people absolutely empty but i would say that's a personal interest ya know we need food shelter clothing now what you responded to was going to leave work to look in apartments a landlord could only show an apartment mean you're throwing in a good response you're saying well he had the choice to bring the one you have that's an argument that wave of believe in your favor in reading the facts is it clear that this you know was a lack of the catering service just happened that day i was just going out all week and they could plan vance i would say that that's absolutely not clear that they could have planned this in advance according to what it was something has happened that day and suddenly they realize we're going to be without food unless somebody leaves to get food isn't that a little bit different than the one the day before you have a choice to bring one you are going it's effect like he knew he could have brought much of that's not clear from this record is i just feel that it's a distinction to make this out as a company area as the court the commission pointed out and the ball the ball well the focus now on that case we've got a janitor who shows up for work he realizes that there's no racks are going to perform his job duties this is apparently an integral part of what he needs to do is work that day so while  robin's on his lunch that day he makes the maintenance someone else makes the arrangements he's going to stop at a hospital pick up the necessary items rags that he needs to perform his job duties now but this seems to be more of a relationship to work in that situation making that the company and that is missing in the present facts here your honor that going to get through for his coworkers was part of his daily routine in the back sec a sense twice a day four days a week he drives a seat down it's to get breakfast and lunch for the coworkers this is  corporate or the reporter position and you're saying that because it was an isolated incident that that some destroys a little bit credibility of a point right well not necessarily destroying the credibility  direction of the supervisor would not be sufficient does it have to be a pattern if in fact a supervisor did clearly tell him look today your dad was to get one for your coworkers what's the result of that under those specific circumstances under that hypothetical you're absolutely right that would be covered i decided to go to school commission right see my point i see your point i just believe that we have a good argument based on distinguishing backs from cases that relied upon by the lower courts and i understand likewise that was the in the course of argument regarding me arising out of the employment we feel that's against manifest waste wait wait at the evidence  well be now he's a forklift driver he drives around the warehouse something like that nothing as part of doing that job increases his risk as being in a motor vehicle accident i think we can all great they're now quite simple night several lunchtime finding employment the risk incidental there to become the risk of employment basically i'm suggesting where pools are as long as employees acting in furtherance of the employer's business in this case at the direction of the supervisor course of his employment when he's travelling on the street at that are to me that's all done but you are saying that arbiter on those issues back in the way i see it question is was it on his personal lunch break or was he on some sort of errand that he was directed to go on by his employer we had some conflicting testimony in this matter of how he testified that he was directed to go fetch lunch for his coworkers and of supervisors and witnesses on behalf of the appellant testified that he went on a lunch hour by as on his own volition it was a volunteer he was a volunteer to go get lunch excuse me which is why i think the local cases the absolutely on point in that case is you know the injured worker was injured while fetching  rags during his lunch break but tool necessary as counsel pointed out for that employer to perform for the employees of the employer to perform the tasks of their job in this instance i think that the breed owes are absolutely analogous to the racks those are tools that are used to keep those employees going on the job the rags are the readers it's the same case even if we have a volunteer situation here we've got something where an injured worker was in the while in the scope of his question of fit within the problems of the community absolutely this is absolutely a question of fact and the manifest with evidence in this case absolutely supports the finding of commissioned him but i don't think that there are any issues there are unclear in this matter i we have a he said he said in the commission found in favor of mikey and if the commission found that way every subsequent level of appeal must defer to that commission judgment and listen opposite just very quickly on a just like the point i believe there's an absolute distinction between rags and greed of there's a tool involved here is the right that the claimant needed to park a strap this is a breed on the other hand it's sustenance for them he could have gone to any number of places to eat not necessarily i mean you know the arguments being made that he was directed to a certain place to get certain food and this is you know basically a tool needed needed