In October of 2013, the United States Court of Appeals of Kentucky heard a case involving a Kentucky Car Accident at Work case. The opinion is an unpublished opinion and should not be published. See Kentucky Statute RCP Rule 76.28(4) before citing. (See Cole v. Cardinal Country Stores, 2013 WL 5522800 (Ky.App. 2013)). The Kentucky injured plaintiff had his case dismissed by an Administrative Law Judge after the judge found that his injures were not work related and therefore not compensable under the Kentucky Workers’ Compensation Act. Id. The injured car accident plaintiff lost his benefits. On appeal, this court affirmed for the following reasons. His Kentucky Car Accident at Work lawyer now had to handle this appeal.
The Kentucky car accident plaintiff was hired by the defendant in 2002 as head of maintenance. He provided maintenance services to approximately ten of the defendant’s stores. He traveled to various store locations each day. Id. After working for the defendant for several years, he received a company vehicle and fuel card to pay for gasoline. Id. He used the car to commute to work and back home. He was not paid for this travel time. He was also allowed to use the vehicle for personal use, but the defendant did not pay for this gas. Id. This was an issue his Kentucky Car Accident at Work lawyer had to discuss with the appellate court.
On June 17, 2011, after finishing a job, the Kentucky soon to be injured plaintiff took the company vehicle and drove to his bank and then to another place on a personal errand. After doing these errands on his way back home is when the Kentucky car accident plaintiff was injured. Id.
The Administrative Law Judge denied the claim. On this appeal, the injured Kentucky plaintiff tried to argue that the judge misapplied the going-and –coming rule. “Under this rule, injuries sustained by employees traveling to or returning from their regular places of work are deemed not to be work related. Thus, they are generally not compensable under the Workers’ Compensation Act.” Id. An exception to this rule is the ‘service to the employer’ doctrine. Id. “Under this exception, the coming –and –going rule does not apply if the employee’s journey is part of the service for which the worker is employed or if it otherwise benefits the employer.” (cites omitted).
The court held that when the Kentucky plaintiff was injured that he was not simply traveling between work and home at the time of his injuries, his journey was not part of the service for which he was employed, and the journey did not benefit his employer. Id. Thus, the exception did not apply. The injures occurred outside the course and scope of his employment. Id.
If you have been the subject of a Kentucky Car Accident at Work case, please call and speak to a Kentucky Car Accident at Work lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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