Wilson v. Georgia Power Co.
| Citation | 128 Ga.App. 352,196 S.E.2d 693 |
| Decision Date | 07 February 1973 |
| Docket Number | Nos. 47767,47768,No. 3,s. 47767,3 |
| Parties | Willie WILSON v. GEORGIA POWER COMPANY. Queen DANIELS v. GEORGIA POWER COMPANY |
| Court | United States Court of Appeals (Georgia) |
Lanier, Powell, Cooper & Cooper, Jack L. Cooper, Augusta, for appellants.
Richard W. Best, Atlanta, for appellee.
Syllabus Opinion by the Court
These companion cases are appeals by an employee of Georgia Power Company, Wilson, and the widow of a fellow employee, Daniels, from the Superior Court of Sumter County's judgment reversing the award of the State Board of Workmen's Compensation in favor of both claimants. The evidence shows that both Wilson and Daniels regularly lived in Wadley, Jefferson County, Georgia; that they were employed by Georgia Power Company as members of a traveling construction crew that the power company kept together and moved around the state as its needs required; that the members of the traveling construction crew were required to stay close enough to each job site to report for work each morning; that, because of the distance involved, it was impractical for members of the traveling construction crew to reside in their respective homes each evening after work; that Georgia Power Company paid members of the traveling construction crew who had been its employees a certain length of time a weekly allowance to defray room and board expenses, which Daniels was receiving but Wilson was not; that on the day of the accident, the traveling construction crew completed certain work in Thomaston, Upson County, and were instructed to report to a job site in Americus, Sumter County, the next day at 8:00 o'clock a.m.; that, while Wilson and Daniels were traveling on a direct route from Thomaston to previously secured lodgings of their own choosing in Americus, the automobile accident occurred, causing Daniels's death and Wilson's injury. Held:
1. This case is controlled, with respect to the issue of the accident's arising out of and in the course of employment, by the case of McDonald v. State Hwy. Dept., 127 Ga.App. 171, 192 S.E.2d 919, and cases therein cited. The evidence shows that the employees here, as in the cases of McDonald and those cited therein, were required by their employment to lodge and work within an area geographically limited by the necessity of being available for work on the employer's job site, hence were, in effect, in continuous employment, day and night, for the purposes of the Workmen's Compensation Act. The full quotation from Railway Express Agency v. Shuttleworth, 61 Ga.App. 644(1b), 7 S.E.2d 195, partially quoted in McDonald, supra, 127 Ga.App. p. 176, 192 S.E.2d p. 924, includes 'exposure to the perils of the highway . . .' etc. (Emphasis supplied.) Although the fact that the employer paid for the employees'...
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