Summary
In Corbin an employee of a contractor involved in certain construction for the City of Gainesville was injured on a city owned road which provided the only access between the construction site and the main highway, yet there is no suggestion in that decision that the contractor employer owned, maintained or controlled the city owned access road.
Summary of this case from Peoples v. Emory UniversityOpinion
43663.
ARGUED MAY 8, 1968.
DECIDED MAY 17, 1968. REHEARING DENIED MAY 31, 1968.
Workmen's compensation. Hall Superior Court. Before Judge Blackshear.
Reed Dunn, R. Elliott Dunn, Jr., for appellant.
Whelchel, Dunlap Gignilliat, William R. Gignilliat, Weymon H. Forrester, for appellees.
In order for an injury to be compensable under the Workmen's Compensation Act, it must have been caused by an accident arising out of and in the course of the employment. Code Ann. § 114-102. Generally, injuries sustained by an employee while going to or coming from his employment are not compensable ( Travelers Ins. Co. v. Ross, 110 Ga. App. 312 ( 138 S.E.2d 474); Georgia R. Power Co. v. Clore, 34 Ga. App. 409 ( 129 S.E. 799)), except in certain instances such as where the employer furnishes transportation ( Indemnity Ins. Co. of N. Am. v. Bolen, 106 Ga. App. 684 ( 127 S.E.2d 832)), and where doing some act permitted or required by the employer and beneficial to the employer while en route to and from work ( Travelers Ins. Co. v. Moore, 115 Ga. App. 295 ( 154 S.E.2d 385); Bituminous Cas. Corp. v. Humphries, 91 Ga. App. 271, 275 ( 85 S.E.2d 456)), and where going to and from parking facilities provided by the employer ( Federal Ins. Co. v. Coram, 95 Ga. App. 622 ( 98 S.E.2d 214); U.S. Cas. Co. v. Russell, 98 Ga. App. 181 ( 105 S.E.2d 378)), and in instances where an employee is on call and furnishes or is reimbursed for his transportation costs. Cooper v. Lumbermen's Mut. Cas. Co., 179 Ga. 256 ( 175 S.E. 577); Bituminous Cas. Corp. v. Humphries, 91 Ga. App. 271, supra; American Mut. Liab. Ins. Co. v. Casey, 91 Ga. App. 694 ( 86 S.E.2d 697); Lewis Wood Preserving Co. v. Jones, 110 Ga. App. 689 ( 140 S.E.2d 113).
Accordingly, where it appears that the employee was injured after leaving the premises where work was being done on construction of facilities for the City of Gainesville, Georgia, by the contractor employer, the injury occurring on the only access road from the main highway, the access road being owned by the City of Gainesville, such employee is not injured by an accident arising out of and in the course of his employment within any of the exceptions above enumerated. The fact that the access road was owned by the City of Gainesville, which also owned the site where the work was being done, does not demand a finding that the access road was upon the premises where the claimant was employed or that this access road was one provided by the employer. The trial judge did not err in affirming the award of the Board of Workmen's Compensation denying compensation to the claimant.
Judgment affirmed. Jordan, P. J., and Deen, J., concur.