Wilkie v. Travelers Ins. Co., No. 46187

• Court: United States Court of Appeals (Georgia)
• Writing for the Court: EBERHARDT; HALL, P.J., and QUILLIAN; WHITMAN
• Citation: 124 Ga.App. 714,185 S.E.2d 783
• Docket Number: No. 3,No. 46187
• Decision Date: 28 October 1971
• Parties: Virginia WILKIE v. TRAVELERS INSURANCE COMPANY et al

Page 783

185 S.E.2d 783 124 Ga.App. 714 Virginia WILKIE
v.
TRAVELERS INSURANCE COMPANY et al. No. 46187. Court of Appeals of Georgia, Division No. 3. Oct. 28, 1971.

[124 Ga.App. 718] Albert P. Feldman, Atlanta, for appellant.

Page 784

Swift, Currie, McGhee & Hiers, W. Wray Eckl, Hunter S. Allen, Jr., Atlanta, for appellees.

Syllabus Opinion by the Court.

[124 Ga.App. 714] EBERHARDT, Judge.

In this workmen's compensation case claimant was injured in a fall while on her way to the restroom on the employer's premises during a ten-minute rest break. The employer[124 Ga.App. 715] had scheduled, by department, two ten-minute rest breaks each workday, one in the morning and one in the afternoon. A buzzer sounding throughout the location signaled the commencement and end of each break. The breaks were 'personal time' and during this period the employees were free to do whatever they wished, including leaving the premises, so long as they were back at their work station at the end of the break. These breaks were included within the eight-hour day for which the employees were compensated, compensation also being provided for sick leave, holidays and vacations. The rest breaks were not the only times that employees could use the restroom; they could go whenever necessary.

On the occasion in question the buzzer signaled the commencement of a rest break, and claimant started up the aisle toward the restroom when she fell over some boards in the isle and was injured. The only contested issue before the deputy director was whether the injury arose out of and in the course of the employment. Compensation was denied on this basis, and the award was affirmed by the full board, one director dissenting. The superior court likewise affirmed, and claimant appeals. Held:

Were this an open question, we might be disposed to hold that time set aside by an employer as a 'rest break' and for the performance of functions necessary for the health and comfort of an employee on the job should be considered as incidental to the employment, and that injuries sustained while engaged in such performance should be deemed compensable as arising out of and in the course of employment. However, in 'lunch break' and 'rest break' cases, both the Supreme Court and this court have laid down the rule that where the employee is free to use the time as he chooses so that it is personal to him, an injury occurring during this time arises out of his individual pursuit and not out of his employment. Ocean Acc. & Guarantee Corp. v. Farr, 180 Ga. 266, 178 S.E. 728; Austin v. General Acc., Fire & Life Assur. Corp., 56 Ga.App. 481, 193 S.E. 86; Aetna Cas. & Sur. Co. v. Honea, 71 Ga.App. 569, 31 S.E.2d 421; Gay v. Aetna Cas. & Sur. Co., 72 Ga.App. 122, 33 S.E.2d 109; Hanson v. Globe Indem. Co., 85 Ga.App. 179, 68 S.E.2d 179; McCord v. Employers [124 Ga.App. 716] Liab. Assur. Corp., 96 Ga.App. 35, 99 S.E.2d 327; Travelers Ins. Co. v. Mimbs, 120 Ga.App. 599, 600, 171 S.E.2d 659. See also United States Fid. & Guar. Co. v. Skinner, 188 Ga. 823, 5 S.E.2d 9; Ralph v. Great American Indem. Co., 70 Ga.App. 115, 27 S.E.2d 756. Of course if the employee sustains an injury while conducting the employer's business or following job-related instructions during the 'break,' the injury is compensable. American Hardware Mut. Ins. Co. v. Burt, 103 Ga.App. 811, 120 S.E.2d 797, where...