Washburn v. Gentiva Health Services
I.C. NO. W70494.
| N.C. Indus. Comm. | Sep 13, 2011Background
- Plaintiff, a 61-year-old registered nurse, injured February 7, 2010 while loading medical equipment from her home into her personal vehicle for home visits.
- Plaintiff worked as a Baylor Nurse for Gentiva Health Services, under a contract of employment begun October 7, 2009, with weekend on-call duties.
- Her job required travel to multiple patient homes in Pitt and Wilson Counties, using her personal vehicle and being reimbursed for travel on a portal-to-portal basis.
- On the date of injury, she loaded equipment at home for a patient visit, then tripped on a sidewalk while carrying items to her vehicle.
- The injury occurred while Plaintiff was on-call and performing duties for her employer, and she later was terminated August 16, 2010.
- The Full Commission affirmed Deputy Commissioner Houser’s decision that the February 7, 2010 injury is compensable under the North Carolina Workers’ Compensation Act, with the extent of disability not before the Commission at that time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the February 7, 2010 injury arose out of and in the course of employment | Plaintiff contends injury occurred while performing job duties | Defendant contests compensability under going-and-coming rule | Yes; injury arose out of and in the course of employment |
| Whether traveling to perform home visits qualifies under traveling salesman exception | No definite time/place; travel was job-related | Travel falls outside compensable travel unless exception applies | Applicable; traveling salesman exception satisfied |
| Whether contractual duty exception applies to cover transportation costs | Employer provides transportation as a contractual entitlement | Transportation provision does not automatically render injury compensable | Applicable; contractual duty exception supports compensability |
Key Cases Cited
- Hollin v. Johnston Cty. Council on Aging, 181 N.C. App. 77, 639 S.E.2d 88 (2007) (going-and-coming rule exceptions including traveling salesman and contractual duty)
- Munoz v. Caldwell Memorial Hospital, 171 N.C. App. 386, 614 S.E.2d 448 (2005) (traveling salesman context for no fixed hours/location)
- Hunt v. Tender Loving Care Home Care Agency, Inc., 153 N.C. App. 266, 569 S.E.2d 675 (2002) (contractual duty/transportation-related exception)
- Creel v. Town of Dover, 126 N.C. App. 547, 486 S.E.2d 482 (1997) (going-and-coming framework and exceptions)