Continental Cas. Co. v. Thompson

• Citation: 202 S.E.2d 835,130 Ga.App. 270
• Decision Date: 07 November 1973
• Docket Number: No. 48570,No. 2,48570,2
• Parties: CONTINENTAL CASUALTY COMPANY et al. v. Carolyn THOMPSON
• Court: United States Court of Appeals (Georgia)

Page 835

202 S.E.2d 835

130 Ga.App. 270

CONTINENTAL CASUALTY COMPANY et al. v. Carolyn THOMPSON.

No. 48570.

Court of Appeals of Georgia, Division No. 2.

Nov. 7, 1973.

Rehearing Denied Nov. 21, 1973.

Long, Weinberg, Ansley & Wheeler, Charles M. Goetz, Jr., Atlanta, for appellants.

J. S. Hutto & Associates, G. Carroll Palmatary, Brunswick, for appellee.

Syllabus Opinion by the Court

EVANS, Judge.

This is a workmen's compensation case. Claimant's husband was employed as a pipe and steamfitter by the employer. The work was to be performed on the premises of another located in a different county from the home of the employee.

He worked a 12 hour shift, and left his work at 7:00 a.m. At approximately 7:30 a.m. he was killed on the highway between St. Mary's, Georgia (where he worked) and St. Simons, Georgia (where he lived).

Under the union employment contract the employer was required to pay one hour's travel pay when it did not furnish transportation to and from the jobsite outside of Glynn County. Transportation to and from the jobsite was not furnished on this job, which was located in Camden County, Georgia. The employee had been temporarily residing at a motel ten miles south of the spot where he was killed, and nearer to the jobsite than was his home.

The deputy director found the above facts to be substantially true and that the deceased was killed shortly after getting off work while he was on his most direct route from the jobsite to his home; that he sustained an accidental injury arising out of and in the course of his employment which produced his death; and awarded compensation, medical and funeral expenses. The full board, on appeal, approved the deputy director's findings and award. The lower court affirmed the award by the full board, and the employer-insurer appeals. Held:

1. Where the terms and conditions of the employment provide for transportation, an employee is in the course of and scope of his employment while going to and from work; although generally, injuries sustained while going to and from work are not compensable. In Indemnity Ins. Co. of North America v. Bolen, 106 Ga.App. 684(1), 127 S.E.2d 832, the workman was injured during transportation to and from his home, which transportation was furnished to him by his employer (He was injured immediately after getting out of the automobile in the middle of a busy thoroughfare) and the award of compensation was upheld. Elec. Mut. Liab. Ins. Co. v. Grynkewich, 122 Ga.App. 765(1), 178 S.E.2d 732, holds that where transportation was furnished to the employee who drove the furnished car into a telephone pole, the award of compensation should be upheld. In Adams v. United States F. & G. Co., 125 Ga.App. 232, 186 S.E.2d 784, a ride was furnished the employee in another employee's car, the expense of which was paid to that employee by the employer to transport the workers. Injury occurred during such transportation and the award of compensation was upheld. See also Bituminous Cas. Corp. v. Humphries, 91 Ga.App. 271, 275, 851 S.E.2d 456; Am. Mut. Liab. Ins. Co. v. Casey, 91 Ga.App. 694, 86 S.E.2d 697; Federal Ins. Co. v. Coram, 95 Ga.App. 622, 98 S.E.2d 214; United States Cas. Co. v. Russell, 98 Ga.App. 181, 105 S.E.2d 378; Cooper v. Lumbermen's Mut. Cas. Co., 179 Ga. 256, 175 S.E. 577; Lewis Wood Preserving Co. v. Jones, 110 Ga.App. 689, 140 S.E.2d 113; Travelers Ins. Co. v. Moore, 115 Ga.App. 295, 154 S.E.2d 385.

2. Here the employer hired the employees residing in one county to perform work in a different county, and as a part of the union contract agreed and paid travel pay of one hour at a...