Medical Center, Inc. v. Hernandez
319 Ga. App. 335
| Ga. Ct. App. | 2012Background
- Two Atlanta Drywall, LLC employees were injured in a Feb 2010 automobile accident while traveling to a Columbus, Georgia job site; one died, the other was severely injured.
- The workers lived in Savannah and drove about four hours to Columbus each week, working ten-hour days and returning home on weekends; they were paid only for hours worked, not travel time.
- Rightway Drywall, Inc. arranged lodging in Columbus and later recouped lodging expenses from Atlanta Drywall.
- An ALJ denied the workers’ compensation claims; the appellate division and the superior court affirmed the ALJ’s ruling that the injuries were not compensable.
- The Medical Center, Inc. (medical provider) and the workers (Hernandez and Alvarez-Hilario) appealed, arguing the injuries should be compensable under various theories, including continuous employment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether travel to work can be compensable | Hernandez argues continuous employment applies. | employers contend travel to work is not within employment scope. | Not compensable; injuries occurred during travel to work, not while performing duties. |
| Whether continuous employment doctrine applies | Hernandez/Alvarez-Hilario rely on doctrine to cover travel. | Doctrine requires injury during active employment duties; off-duty travel not covered. | Doctrine does not apply because they were off-duty en route and had not resumed duties. |
| Whether the injury arose out of and in the course of employment | Hernandez/Alvarez-Hilario contend nexus exists due to job-site proximity. | Injury must arise both out of and in the course of employment; travel lacks nexus to work duties. | Injury did not arise out of or in the course of employment. |
Key Cases Cited
- Stokes v. Coweta County Bd. of Ed., 313 Ga. App. 505 (2012) (arising-out and course-of-employment test applied)
- Mayor and Aldermen of the City of Savannah v. Stevens, 278 Ga. 166 (2004) (police-officer travel case; 24-hour duty distinction)
- Ray Bell Constr. Co. v. King, 281 Ga. 853 (2007) (continuous-employment doctrine; proximity and duties matter)
- United States Fidelity & Guaranty Co. v. Navarre, 147 Ga. App. 302 (1978) (lodging near job site can support coverage during work period)
- McDonald v. State Highway Dept., 127 Ga. App. 171 (1972) (out-of-town work; coverage when duties ongoing)
- Aetna Cas. & Surety Co. v. Jones, 82 Ga. App. 422 (1950) (travel-related injury must relate to employment duties)