Williams v. American Mut. Liability Ins. Co.

• Decision Date: 08 February 1945
• Docket Number: 30757.
• Citation: 33 S.E.2d 451,72 Ga.App. 205
• Parties: WILLIAMS v. AMERICAN MUT. LIABILITY INS. CO. et al.
• Court: Georgia Court of Appeals

33 S.E.2d 451

72 Ga.App. 205

WILLIAMS v. AMERICAN MUT. LIABILITY INS. CO. et al.

No. 30757.

Court of Appeals of Georgia, Division No. 2.

February 8, 1945

Rehearing Denied March 21, 1945.

Syllabus by the Court.

1. Where a rule of the employer requires the employee to report to the premises of the employer thirty minutes before the time at which the employee is to begin work so that the employer can know that it has a crew, and the employee having so reported to the premises of the employer, is killed by being trapped in the building of the employer and burned to death following an explosion, fifteen minutes before the time for him to begin work, the accident is compensable even though the employee had not begun to perform the duties for which he received wages at the time of his death.

2. The finding that the claimant had abandoned the employee at the time of the accident was based on an erroneous theory of law.

Mae Bell Williams excepts to the judgment of Richmond superior court affirming the award of the State Board of Workmen's Compensation denying compensation for the alleged accidental death of her husband, Willie Williams, who was accidentally killed in a fire on the premises of the employer, Merchants Bakery, at Augusta, Georgia.

Hammond Kennedy & Yow, of Augusta, for plaintiff in error.

Bussey, Fulcher & Hardin, of Augusta, and Neely, Marshall & Greene, of Atlanta, for defendants in error.

FELTON Judge.

1. The undisputed facts with reference to the question whether the accident arose out of and in the course of employment are substantially as follows. The employee's hours of work were from 6 o'clock a.m. until the expiration of eight hours unless there was unfinished work, six days per week, with time and a half pay for overtime. On the morning of the death of the employee he reported for duty about 3 o'clock in the morning for the purpose of ascertaining whether there was any work for him to do, a practice encouraged by the employer. Upon learning that there would be no work for him until time for his shift to go on at 6 o'clock a.m., he went toward the men's dressing room. There was a rule of the company that employees be at the plant thirty minutes before worktime in order that the employer could know it had a crew. Between 5:30 and 6 o'clock a fire broke out in the plant of the employer following an explosion and the employee was trapped on the second floor and burned to death. Employee was in the act of dressing and was interrupted in his dressing for some reason. One ground on which compensation was denied was that the death occurred before the employee actually had begun work. We think the board and the superior court erred in so holding. The employer's rule was that the employee report to the premises thirty minutes before he began work. During this period he was accidentally killed on the premises by a hazard occassioned by his employment. It would be unconscionable to deny compensation on the ground stated. 'Preparation by the employee at the place of employment, to begin work for which he is employed, is a part of the duties of the employment.' Maryland Casualty Co. v. Sanders, 49 Ga.App. 600(2), 176 S.E. 104, 105, reversed by the Supreme Court on certiorari, but on another ground, 182 Ga. 594, 186 S.E. 693; Rayner v. Slight Furniture Company, 180 Mich. 168, 146 N.W. 665, L.R.A.1916A, 22, Ann.Cas.1916A, 386; Terlecki v. Strauss, 85 N.J.L. 454, 89 A. 1023; Western Coal & Mining Company v. Industrial Commission, 296 Ill. 408, 129 N.E. 779; Employers' Liability Assurance Corporation v. Henderson, 37 Ga.App. 238, 139 S.E. 688; Holliday v. Merchants & Miners Transportation Company, 32 Ga.App. 567, 124 S.E. 89.

The facts bring this case within the above-stated principle. This case is distinguishable from the following cases in that the employer had a rule that the employee should report a half hour before work time. Austin v. General Accident Fire & Life Assurance Corporation, 56 Ga.App. 481, 193 S.E. 86; Ocean Accident & Guarantee Corporation v. Farr, 180 Ga. 266, 178 S.E. 728; Employers' Liability Assurance Corporation v. Woodward, 53 Ga.App. 778, 187 S.E. 142; Jackson v. Lumberman's Mutual Casualty Company, 33 Ga.App. 35, 125 S.E. 515; and Aetna Casualty & Surety Company v. Honea, Ga.App., 31 S.E.2d 421.

2. The director in his award stated: 'With reference to the rights of the widow claimant in this case to compensation the evidence is uncontradicted that she did not live with the deceased for a period of three years prior to his death, and there is evidence to sustain her contention that she did not voluntarily abandon him, that she was driven away on account of his conduct. However, the evidence is also conclusive and positive that for at...