Troutman et al. v. Williams Furniture Corp.

1 Citing case

  1. Martin v. United States

    566 F.2d 895 (4th Cir. 1977)   Cited 13 times
    In Martin, although the district court found a substantial question as to FECA coverage and dismissed for failure to exhaust administrative remedies, the Fifth Circuit reversed finding that since plaintiff's accident was not within the scope of her employment, FECA was inapplicable.

    By contrast, the court, in Wetzel v. Britton, 83 U.S.App.D.C. 327, 170 F.2d 285 (1948), upheld a finding that an employee who was struck by a bus on her way to lunch was not injured within the scope of her employment where the facts showed that the employer exercised no control over her activities during the lunch-break. To the same effect are Walker v. United States, 322 F. Supp. 769 (D.Alas. 1971); and Troutman v. Williams Furniture Corp., 224 S.C. 353, 79 S.E.2d 374, 376 (1953). Viewed together, these cases refute any suggestion that lunchtime injuries receive uniform dispositions; the outcome in each case depends on its facts.