Oral arg. – Ct. of App. – Tuesday, June 17, 2014

At 10:00 a.m. the Court of Appeals will hear argument in a workers compensation case involving the “coming and going rule”

In Linde Gas and Zurich American Insurance Co., Larry Edmonds was working as an instrumentation technician at Linde Gas when he was injured in a motor vehicle accident.  He lived in Scooba but worked at several different plants (Vicksburg, Brandon, Columbus etc.).   He was provided a company truck and fuel cared but was not supposed to use the vehicle for company business.   When he was working at the Columbus plant, he was not paid for travel time but when reporting to the other plants, his work week began when he left home. 

On Oct. 21, Edmonds was scheduled to work at the Columbus Plant.  On the way there, he rear ended a gravel truck.   His employer hired an accident investigator who opined that Edmonds was at fault in the accident, Edmonds was speeding, not using his headlights or his seatbelt. The Commission found that Edmonds injuries were compensable.  The employer appeals arguing that the accident should not have been found to be an exception to the coming and going rule.  It also argues that Edmonds intended to injure himself.

Employer’s brief

Edmonds’ brief

Argument can be viewed here

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