Wining v. Unique Ventures Group, L.L.C.
2011 Ohio 2474
Ohio Ct. App.2011Background
- Wining was a fixed-situs associate manager at Perkins Restaurant who was killed January 6, 2008 while en route to his place of employment.
- After his death, his widow sought death benefits from the Workers’ Compensation Fund; initial district decision denied, staff hearing officer reversed and allowed benefits under the special mission exception.
- Before the common pleas court, the employer challenged the staff decision; the parties stipulated relevant facts regarding the key-delivery task and timing.
- Howard, another Perkins employee, had lost her keys; Wining and Howard agreed to share his keys so she could close the restaurant.
- Around midnight on January 6, 2008, Wining informed Howard he would return with his keys; he was killed driving to Perkins while delivering the keys.
- The trial court granted summary judgment for the estate, and the Seventh District affirmed, applying the special mission exception to hold that Wining’s trip served the employer’s needs so benefits are due.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the special mission exception applies to Wining’s death | Estate asserts the mission was major and exclusive; delivering keys was essential for securing the restaurant | Employer contends the trip was incidental to commuting and not a special mission | Yes; the special mission exception applies; the delivery of keys was the sole, substantial purpose of the trip and for the employer's benefit |
Key Cases Cited
- Bralley v. Daugherty, 61 Ohio St.2d 302 (1980) (establishes the causal test and scope for workers’ comp)
- Fisher v. Mayfield, 49 Ohio St.3d 275 (1990) (two-prong test: in the course of and arising out of employment)
- Ruckman v. Cubby Drilling, Inc., 81 Ohio St.3d 117 (1998) (defines 'in the course of' with nexus factors; and supports exceptions to coming-and-going rule)
- Pierce v. Keller, 6 Ohio App.2d 25 (1966) (special mission must be major factor, not incidental)
- Seese v. Ohio Bureau of Workers’ Comp., 2009-Ohio-6521 (11th Dist.) (employment-related travel on a day off may fail the special mission test)
- Stivison v. Goodyear Tire & Rubber Co., 80 Ohio St.3d 498 (1997) (recognizes zone of employment and related exceptions)
- M.T.D. Products, Inc. v. Robatin, 61 Ohio St.3d 66 (1991) (coming-and-going rule with exceptions for special mission)
- Lord v. Daugherty, 66 Ohio St.2d 441 (1981) (illustrates evaluative factors for employment-related injuries)