102 N.E.3d 515
Oh. Ct. App. 11th Dist. Portag...2017Background
- Brandon Green (employee) was injured on June 9, 2015 when he fell asleep while driving home after a third shift installing cash registers and crashed; claim allowed by Ohio Industrial Commission for laceration and open calcaneus fracture.
- Employer Marc Glassman, Inc. appealed the Commission's allowance; Green sought participation in the State Insurance Fund.
- Green had worked as a stocker on second/third shifts and, from April–June 2015, performed approximately seven shifts installing cash registers at other Marc’s stores; employer reimbursed mileage for travel to those stores.
- Marc Glassman moved for summary judgment arguing the injury is barred by the coming-and-going rule; Green opposed, asserting fixed-situs status and the special hazard exception.
- Trial court granted summary judgment for the employer; Green appealed, challenging that ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Green was a fixed-situs employee such that the coming-and-going rule bars benefits | Green: work installing registers at employer-designated stores across counties shows work duties commence only at specific job sites does not apply | Employer: Green began and ended duties at each store (specific, identifiable job sites), so coming-and-going rule applies | Court: Green was a fixed-situs employee; coming-and-going rule applies and bars compensation |
| Whether the "special hazard" exception applies to make commute compensable | Green: required to travel long distances, often third shift, increasing exposure to highway risks — analogous to Ruckman | Employer: travel was infrequent (≈7 shifts), typical commuting risks not distinct or quantitatively greater than public's | Court: special-hazard exception does not apply; risks were not distinctive/greater than public risks, summary judgment for employer affirmed |
Key Cases Cited
- Ruckman v. Cubby Drilling, Inc., 81 Ohio St.3d 117, 689 N.E.2d 917 (Ohio 1998) (establishes coming-and-going rule and special-hazard exception for fixed-situs employees with distinctive travel risks)
- MTD Prods., Inc. v. Robatin, 61 Ohio St.3d 66, 572 N.E.2d 661 (Ohio 1991) (general rule excluding commuting injuries for fixed place employees)
- Littlefield v. Pillsbury Co., 6 Ohio St.3d 389, 453 N.E.2d 570 (Ohio 1983) (special-hazard formulation: employer-directed travel creating distinctive/greater risks can be compensable)
- Barber v. Buckeye Masonry & Constr. Co., 146 Ohio App.3d 262, 765 N.E.2d 951 (11th Dist. 2001) (field laborer traveling to assigned sites held fixed-situs employee)