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Try CasePortal for FreeJ. Rivas-Molloy finds the lower court properly determined that when a commercial truck driver fell from an elevated railroad track into oncoming traffic on the highway beneath, sustaining injury, he was acting within the course and scope of his employment. The truck driver was making his first delivery, and left his truck while waiting for it to be unloaded to get cash and buy breakfast. En route to the bank and convenience store, he chose to walk across a railroad bridge not constructed for pedestrian traffic, when a train appeared, and blew the truck driver off of the bridge and onto the highway. He seeks workers compensation benefits claiming the fall occurred in the course and scope of his employment, and while the employer’s insurance company argues he deviated from the scope of his employment when he chose to travel on foot via a hazardous route, the instant court finds the employer expects truck drivers to leave their vehicle for food and drink, therefore he was acting within the scope of his employment. Affirmed.