MAYOR AND ALDERMEN OF SAVANNAH v. Stevens, No. S03G1536.

CourtSupreme Court of Georgia
Writing for the CourtFLETCHER, Chief Justice.
Citation278 Ga. 166,598 S.E.2d 456
Decision Date07 June 2004
Docket NumberNo. S03G1536.
PartiesMAYOR AND ALDERMEN OF THE CITY OF SAVANNAH v. STEVENS.

598 S.E.2d 456
278 Ga. 166

MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH
v.
STEVENS

No. S03G1536.

Supreme Court of Georgia.

June 7, 2004.

Reconsideration Denied July 12, 2004.


598 S.E.2d 457
James B. Blackburn, Oliver, Maner & Gray, Patrick T. O'Connor, Patricia T. Paul, for appellant

Karsman, Brooks & Callaway, Timothy F. Callaway III, Harris O'Dell Jr., Savannah, for appellee.

FLETCHER, Chief Justice.

We granted certiorari to determine whether the Court of Appeals correctly held that the injuries suffered by police office Eunita Stevens in a car accident while on her way to work arose out of and in the course of her employment.1 Because Stevens' injuries were in no way related to her duties as a police officer, they did not arise out of her employment. Therefore, we reverse.

Prior to the accident on November 30, 1999, Stevens worked as an administrative corporal in the Savannah Police Department. The accident occurred as Stevens was driving to work in her personal car and wearing her police uniform. The Administrative Law Judge found that the accident arose out of and in the course of Stevens' employment because, according to the policies of the Savannah Police Department, "she was subject to be called to duty 24 hours per day and was expected to preserve the peace and enforce the law even when off duty." The ALJ Appellate Division, Superior Court, and Court of Appeals all affirmed, finding the decision to be supported by some evidence. That decision, however, unjustifiably extends the scope of a public employer's liability for employee injuries under established workers' compensation law. It would require workers' compensation liability to issue any time an off-duty, uniformed police officer were injured within the city or county limits where they are charged with enforcing the law, no matter whether the injury in any way arose out of the officer's employment.

1. Generally, an injury is compensable only if it arises out of and in the course of the employment.2 The test presents two independent and distinct criteria, and an injury is not compensable unless it satisfies both.3

An injury arises in the course of certain employment if the employee is engaged in that employment at the time the

598 S.E.2d 458
injury occurs.4 Generally, "a workman injured while going to or from his [278 Ga. 167] place of work is not in the course of his employment."5 The unique role of police officers, however, will sometimes require a departure from this general rule. In Barge v. City of College Park, the Court of Appeals ruled that police officers would be considered within the course of their employment when they are "on duty or on call, that is, subject to duty."6 This exception to the general rule, known as the continuous employment doctrine, recognizes that police officers are often called to enforce the law at any time within their jurisdiction, regardless of whether or not they are actually on-duty at the time

Although Stevens was off-duty at the time of the accident, Savannah's policy required that Stevens enforce the law at any time while she was within the Savannah City limits. Accordingly,...

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27 practice notes
  • Frett v. State Farm Emp. Workers' Comp., A18A0820
    • United States
    • United States Court of Appeals (Georgia)
    • November 2, 2018
    ...See OCGA § 34-9-1 (4). Both of these "independent and distinct criteria" must be satisfied. Mayor &c. of Savannah v. Stevens , 278 Ga. 166 (1), 598 S.E.2d 456 (2004).The words "in the course of the employment" relate to the time, place, and circumstances under which the accident takes place......
  • Frett v. State Farm Emp. Workers' Comp., S19G0447
    • United States
    • Supreme Court of Georgia
    • June 16, 2020
    ...and distinct," and any claim for compensation under the Act must satisfy both prerequisites. See Mayor & Aldermen of Savannah v. Stevens, 278 Ga. 166, 166 (1), 598 S.E.2d 456 (2004). See also New Amsterdam Cas. Co. v. Sumrell, 30 Ga. App. 682, 687, 118 S.E. 786 (1923). The Court of Appeals ......
  • Slater v. McKinsey & Company, Inc. United States, CIVIL ACTION NO. 1:19-cv-04623-AT
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Georgia
    • March 30, 2021
    ...(a) occur in the course of employment, and (b) arise out of the employment. O.C.G.A. § 34-9-1 ; Mayor & Aldermen of Savannah v. Stevens , 278 Ga. 166, 166, 598 S.E.2d 456, 457 (2004) 530 F.Supp.3d 1326 ("The test [for compensation under the Act] presents two independent and distinct criteri......
  • Inserection v. City of Marietta, No. S04A0249.
    • United States
    • Supreme Court of Georgia
    • June 7, 2004
    ...have to state whether, in previous operations, they have had any business license for an adult entertainment business or similar type 598 S.E.2d 456 of business revoked or suspended and the reason therefor. Municipal Code § 8-20-120(E). See also Municipal Code § 8-20-290(C) (prohibiting app......
  • Request a trial to view additional results
27 cases
  • Frett v. State Farm Emp. Workers' Comp., A18A0820
    • United States
    • United States Court of Appeals (Georgia)
    • November 2, 2018
    ...See OCGA § 34-9-1 (4). Both of these "independent and distinct criteria" must be satisfied. Mayor &c. of Savannah v. Stevens , 278 Ga. 166 (1), 598 S.E.2d 456 (2004).The words "in the course of the employment" relate to the time, place, and circumstances under which the accident takes place......
  • Frett v. State Farm Emp. Workers' Comp., S19G0447
    • United States
    • Supreme Court of Georgia
    • June 16, 2020
    ...and distinct," and any claim for compensation under the Act must satisfy both prerequisites. See Mayor & Aldermen of Savannah v. Stevens, 278 Ga. 166, 166 (1), 598 S.E.2d 456 (2004). See also New Amsterdam Cas. Co. v. Sumrell, 30 Ga. App. 682, 687, 118 S.E. 786 (1923). The Court of Appeals ......
  • Slater v. McKinsey & Company, Inc. United States, CIVIL ACTION NO. 1:19-cv-04623-AT
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Georgia
    • March 30, 2021
    ...(a) occur in the course of employment, and (b) arise out of the employment. O.C.G.A. § 34-9-1 ; Mayor & Aldermen of Savannah v. Stevens , 278 Ga. 166, 166, 598 S.E.2d 456, 457 (2004) 530 F.Supp.3d 1326 ("The test [for compensation under the Act] presents two independent and distinct criteri......
  • Inserection v. City of Marietta, No. S04A0249.
    • United States
    • Supreme Court of Georgia
    • June 7, 2004
    ...have to state whether, in previous operations, they have had any business license for an adult entertainment business or similar type 598 S.E.2d 456 of business revoked or suspended and the reason therefor. Municipal Code § 8-20-120(E). See also Municipal Code § 8-20-290(C) (prohibiting app......
  • Request a trial to view additional results

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