Twin City Fire Ins. Co. v. Graham

• Decision Date: 14 July 1976
• Docket Number: No. 2,No. 52420,52420,2
• Citation: Twin City Fire Ins. Co. v. Graham, 228 S.E.2d 355, 139 Ga.App. 318 (Ga. App. 1976)
• Parties: TWIN CITY FIRE INSURANCE COMPANY et al. v. Laura R. GRAHAM
• Court: Georgia Court of Appeals

Page 355

228 S.E.2d 355

139 Ga.App. 318

TWIN CITY FIRE INSURANCE COMPANY et al. v. Laura R. GRAHAM.

No. 52420.

Court of Appeals of Georgia, Division No. 2.

July 14, 1976.

Best & Woodson, Richard W. Best, Hapeville, for appellants.

Owens, Littlejohn, Gower & Pugh, F. Houser Pugh, Columbus, for appellee.

PANNELL, Presiding Judge.

While as to to scheduled 'lunch break' or 'rest break' cases, both the Supreme Court of this State and this Court have laid down the rule that in such instances when an employee has the free use of his time to do as he chooses, an injury occurring during this time arises out of his personal pursuit and his employment (Ocean Accident & Guarantee Corp. v. Farr, 180 Ga. 266, 178 S.E. 728; Austin v. General Accident Fire and Life Assur. Corp., 56 Ga.App. 481, 193 S.E. 86; Aetna Casualty & Surety Co. v. Honea, 71 Ga.App. 569, 31 S.E.2d 421; Gay v. Aetna Casualty & Surety Co., 72 Ga.App. 122, 33 S.E.2d 109; Hanson v. Globe Indemnity Co., 85 Ga.App. 179, 68 S.E.2d 179; McCord v. Employers Liability Assur. Corp., 96 Ga.App. 35, 99 S.E.2d 327; Travelers Ins. Co. v. Mimbs, 120 Ga.App. 599, 171 S.E.2d 659; Wilkie v. Travelers Ins. Co., 124 Ga.App. 714, 185 S.E.2d 783), yet, where, as in the present case, there is evidence that the employee, a nurse, was on duty as an Operating Room nurse and there were no scheduled 'rest room breaks' nor regular times which breaks were taken, but the nurses took such breaks only when the Operating Room activities were slack, and a nurse cannot leave the premises during such a break and is subject to being called to the Operating Room at any time, such evidence will support a Workmen's Compensation award for an injury occurring during such break. Edwards v. Liberty Mutual Inc. Co., 130 Ga.App....