Help

BI’s Article search uses Boolean search capabilities. If you are not familiar with these principles, here are some quick tips.

To search specifically for more than one word, put the search term in quotation marks. For example, “workers compensation”. This will limit your search to that combination of words.

To search for a combination of terms, use quotations and the & symbol. For example, “hurricane” & “loss”.

Login Register Subscribe

Mississippi worker driving without headlights, seat belt entitled to comp

Reprints
Mississippi worker driving without headlights, seat belt entitled to comp

A Mississippi worker who was in an auto accident while driving a company-owned vehicle with the headlights off and no seat belt on should receive workers compensation benefits, a divided Mississippi Court of Appeals ruled Tuesday.

Larry Edmonds, a technician for industrial gas supplier Linde Gas L.L.C. in Columbus, Mississippi, drove a company supplied pickup truck. He was paid for his travel time when he responded to emergency calls and Linde paid for the fuel, insurance coverage and maintenance of the truck, according to the ruling.

According to court records Mr. Edmonds hit another vehicle while driving to work on Oct. 21, 2010. He said he sustained an injury to his back and filed a workers compensation claim.

Linde Gas denied the claim arguing that the injury was not work-related and that Mr. Edmonds' claim was not compensable based on the “going and coming” rule, which states that injuries sustained while commuting to and from work are not compensable, according to records.

Mr. Edmonds testified that he did not sleep well the night before the accident and that back pain from previous work-related injuries kept him up until 1 a.m. He said he woke up at 5:45 a.m. and traveled to the Columbus plant for his shift, which began at 7 a.m. Linde says Mr. Edmonds admitted taking pain medication before operating the vehicle, according to court records.

Mr. Edmonds said he was driving under the speed limit, but only recalled seeing taillights of the vehicle in front of him moments before the accident occurred. He said he didn't know if he lost consciousness.

Linde Gas terminated his employment upon learning from an automotive technologist and crash reconstructionist that his headlights weren't on, he wasn't wearing a seatbelt and he was speeding at the time of the accident, according to records.

In June 2013, a workers compensation administrative judge ordered that the “going and coming” rule didn't apply to Mr. Edmonds because he was driving a company vehicle. The judge also found that Linde Gas and Zurich American Insurance Co., it's insurer, failed to prove that Mr. Edmonds's intended to injure himself.

The administrative judge's order was affirmed by the Mississippi Workers' Compensation Commission, and Linde Gas appealed.

A divided Mississippi Court of Appeals on Tuesday affirmed the judgment of the commission.

“It is well-established Mississippi law that the employer assumes the hazard associated with an employee traveling to and from work when the employer either provides an employee's means of transportation or pays the employee's transportation costs,” the ruling states.

Linde Gas also failed to prove that Mr. Edmonds intended to injure himself and that a lack of sleep or the consumption of pain medications led to the accident, according to the ruling.

Judge Virginia Carlton disagreed with the majority, writing that Mr. Edmonds “drove to work while ill, after receiving little sleep, and most significantly, after taking pain medication.”

“The record further reflects that Edmonds failed to wear a seatbelt or turn on his headlights,” Judge Carlton continued. “Injuries resulting from intentional or willful acts are not compensable.”