New “On Call” Workers Compensation Case
Wednesday, March 27th, 2013
Tennessee has a new rule for determining whether or not an employee is injured in the course and scope of their employment when traveling to and from work when “on call.” The rule is:
“The relevant authorities from Tennessee and other jurisdictions demonstrate that it is not possible to categorically grant or deny benefits when an on-call employee is injured while in transit to or from work. In our view, therefore, courts should consider the totality of the circumstances in determining whether the coming and going rule applies to an on-call employee, including but not limited to the following factors: (1) whether the employee is paid for time spent on call, either in the form of an hourly wage or increased annual salary; (2) the nature of any restrictions imposed by the employer during the employee’s on-call hours; (3) the extent to which the employer benefits from the on-call system; and (4) the extent to which the on-call system requires additional travel that subjects the employee to increased risk compared to an ordinary commuter.”
The facts of the case were that a surgical nurse was on call with several specific requirements while on call and was, in fact, paid $2.00/hour while on call. She was involved in an automobile accident while returning home from surgery that she assisted in while on call. Therefore, Judge Wade reversed the trial court and found that the employee was in the course and scope of her employment and her injury was compensable. Tins Shannon v. Roane County Medical Center, #E2011-3-decided by Workers Compensation panel on 3/13/13-for publication
This has made my day. I wish all postings were this good.