Grice v. National Cash Register Co., 18679
| Decision Date | 25 July 1967 |
| Docket Number | No. 18679,18679 |
| Parties | Mrs. Sara H. GRICE, Janet Marie Grice, Edwin Eugene Grice and Linda Arlette Grice, Appellants, v. NATIONAL CASH REGISTER COMPANY and Travelers Insurance Company, Respondents. |
| Court | South Carolina Supreme Court |
Henry Hammer, Isadore S. Bernstein, Columbia, Yarborough, Parrott & Anderson, Florence, for appellants.
Willcox, Hardee, Houck, Palmer & O'Farrell, Florence, for respondents.
This case involves a claim for death benefits under the Workmen's Compensation Act. Vernon E. Grice was employed by the defendant National Cash Register Company at Florence, South Carolina, and was sent by the employer to Dayton, Ohio, for several months training in connection with his work. While there, Grice received fatal injuries in an automobile accident when he was returning from a picnic which he and other employees had on their own initiative arranged and attended near Dayton. The Industrial Commission awarded death benefits to his widow and dependent children, holding that the employee was in the course of his employment throughout the entire time he was away on the employer sponsored training program and that the injuries received while he was engaged in the personal outing at the picnic arose out of and in the course of his employment. The circuit court reversed upon the ground that the award of the Commission was without evidentiary support in the record, and this appeal by the plaintiffs followed.
The question for decision is whether there was any evidence to sustain the findings of the Industrial Commission that the death of the employee arose out of and in the course of his employment. If there was such evidence, the finding that the accident was compensable is conclusive on appeal. If not, the question is one of law and the circuit court was correct in setting aside the award. The material facts are not in dispute.
At the time of his death, the deceased employee had his headquarters at Florence, South Carolina, where he worked as a serviceman, servicing the various and sundry machines of the employer in the area.
In keeping with the employer's company training program, the deceased was sent to the company's training center at Dayton, Ohio, for training on certain machines being used by the employer. He reported at Dayton on March 20, 1961. He was paid his traveling expenses and $50.00 per week for extra living expenses while there. The deceased was married and his family continued to reside in Florence while he was away. The length of the period of training was indefinite, but was understood to continue for several months. While in Dayton he attended classes from 8 a.m. to 5 p.m., five days a week. At all other times he was free to spend his time as he pleased, but was expected by the employer to, and did, devote some time to studying in connection with the training program. During the training period, the employer continued to consider the headquarters of the deceased as Florence; and his payroll checks were made up and dispatched out of the local control office in Columbia, South Carolina. Living quarters for the employees attending the training program were not furnished by the employer,...
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