Med. Ctr., Inc. v. Hernandez

• Decision Date: 21 November 2012
• Docket Number: A12A1315.,Nos. A12A1292,s. A12A1292
• Citation: Med. Ctr., Inc. v. Hernandez, 734 S.E.2d 557, 319 Ga.App. 335 (Ga. App. 2012)
• Parties: The MEDICAL CENTER, INC. v. HERNANDEZ et al. Hernandez et al. v. Atlanta Drywall, LLC et al.
• Court: Georgia Court of Appeals

319 Ga.App. 335

734 S.E.2d 557

The MEDICAL CENTER, INC.

v.HERNANDEZ et al.

Hernandez et al.

v.Atlanta Drywall, LLC et al.

Nos. A12A1292

A12A1315.

Court of Appeals of Georgia.

Nov. 21, 2012.

Bobby Lee Scott, Scott C. Crowley, Martin Harrison Drake, for Appellant.

Lawrence Lee Bennett Jr., Stephen David Payne, Jorge Luis Flores Jr., Bryan Carl Mahaffey, Stephen Cuzdey, Alpharetta, for Appellees.

McFADDEN, Judge.

An administrative law judge denied workers' compensation claims that were based on injuries sustained by two employees who were in a motor vehicle accident while on their way to work.The appellate division of the State Board of Workers' Compensation and the superior court both affirmed the ALJ's decision.In Case No. A12A1292, interested partyThe Medical Center, Inc., which provided medical care to both employees, appeals from the superior court order; and in Case No. A12A1315, employee Celvin Hernandez and the guardian of the dependent children of deceased employee Juan Alvarez–Hilario jointly appeal.Because the superior court correctly ruled that the accident did not arise out of or in the course of Hernandez and Alvarez–Hilario's employment, we affirm.

1.Accidents going to and from work generally are not compensable.

[I]n reviewing a workers' compensation award, this [c]ourt must construe the evidence in the light most favorable to the party prevailing before the appellate division.In addition, the findings of the State Board of Workers' Compensation, when supported by any evidence, are conclusive and binding, and neither the superior court nor this [c]ourt may substitute itself as a factfinding body in lieu of the State Board.But erroneous applications of law to undisputed facts, as well as decisions based on erroneous theories of law, are subject to a de novo standard of review.

(Citations and punctuation omitted.)Wilkinson County Bd. of Educ. v. Johnson,317 Ga.App. 565, 732 S.E.2d 765(2012).

So construed, the evidence shows that Hernandez and Alvarez–Hilario were employed by Atlanta Drywall, LLC, which was a subcontractor for Rightway Drywall, Inc. Near the beginning of January 2010, the two employees began working on a church construction project in Columbus, Georgia.Hernandez and Alvarez–Hilario lived in Savannah and would make the four-hour drive to Columbus early on Monday mornings, work ten-hour days through the week, and then on Saturdays drive back to Savannah to spend the weekends at home.They were paid only for the hours they actually worked on the job site, and were not paid for travel time.While they were in Columbus for the work week, Rightway arranged and paid for their lodging at a local motel, and would later recoup those expenses from Atlanta Drywall.

On the morning of Monday, February 8, 2010, Hernandez and Alvarez–Hilario left their homes in Savannah to drive to work in Columbus.They were passengers in a personal truck driven by a co-worker.When they were approximately five minutes away from the job site, they were involved in an accident and the truck overturned.Alvarez–Hilario died as a result of the accident and Hernandez was hospitalized for weeks with serious injuries.

"To be compensable under the Workers' Compensation Act, an employee's accidental injury must arise both out of and in the course of his or her employment.OCGA § 34–9–1(4)."(Citations and punctuation omitted.)Stokes v. Coweta County Bd. of Educ.,313 Ga.App. 505, 507, 722 S.E.2d 118(2012).The term "arising out of" refers to some causal connection between the conditions under which the employee worked and the injury.Id. at 508, 722 S.E.2d 118.The words "in the course of" relate to the time, place and circumstances of the accident.Id."An injury arises in the course of certain employment if the employee is engaged in that employment at the time the injury occurs."(Citations omitted.)Mayor, etc. of Savannah v. Stevens,278 Ga. 166, 166–167(1), 598 S.E.2d 456(2004).

"In general, collisions occurring while employees are traveling to and from work do not arise out of and in the course of employment."(Citation omitted.)Stevenson v. Ray,282 Ga.App. 652, 654, 640 S.E.2d 340(2006).In this case, Hernandez and Alvarez–Hilario were not yet engaged in their employment at the time of the accident.Rather, they were traveling to the work site when the accident occurred.Thus, as found by the ALJ, appellate division and superior court, the injuries sustained while traveling to work did not arise out of or in the course of their employment.

2.Continuous employment doctrine.

The appellants argue that the injuries should nevertheless be compensable under the continuous employment doctrine.However, their reliance on that doctrine is misplaced.

Under Georgia's doctrine of continuous employment, more commonly known nationally as the traveling employee doctrine, there is broader workers' compensation coverage afforded an employee who is required by his employment to lodge and work within an area geographically limited by the necessity of being available for work on the employer's job site.Such an employee is, in effect, in continuous employment, day and night, for the purposes of the Workers' Compensation Act, and activities performed in a reasonable and prudent manner for the health and comfort of the employee, including recreational activities, arise out of and are in the course of the employment.

(Citations and punctuation omitted.)Ray Bell Constr. Co. v. King,281 Ga. 853, 855, 642 S.E.2d 841(2007).

It is true that the employees in this case were required to lodge and work in Columbus during the work week.Thus, once they had arrived at the job site and begun their duties for the week, barring some deviation for a personal mission wholly foreign to their employment, the continuous employment doctrine very well might have been applicable to Hernandez and Alvarez–Hilario.SeeRay Bell,supra at 856–857, 642 S.E.2d 841.However, at the end of each work week, when they left Columbus to return to their homes in Savannah for the weekend, they were no longer performing work duties or being paid by their employer.Thus, at that point, they were off-duty and no longer continuously employed.Any continuous employment coverage for the employees would have resumed only when they were back in the general proximity of the place where they were employed and "at a time [they were] employed to be in that general proximity.[Cit.]"(Emphasis supplied.)Ray Bell,supra at 856, 642 S.E.2d 841.As demonstrated by numerous cases, an injury arises out of and in the course of a traveling employee's employment if he is injured "in performing the duties of his employment."Aetna Casualty, etc. Co. v. Jones,82 Ga.App. 422, 426, 61 S.E.2d 293(1950).Although Hernandez and Alvarez–Hilario were arguably in the general proximity of the construction site at the time of the accident, it is undisputed that they had not yet arrived at the site and thus had not yet resumed performing the duties of their employment.

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