eNotes: Workers’ Compensation – December 2023 – New Jersey

SIGNIFICANT CASE SUMMARY

New Jersey Case Summary

Keim v. Above All Termite & Pest Control
2023 N.J. LEXIS 1224
Superior Court of New Jersey, Appellate Division

Decided: November 21, 2023

An employee injured while driving a company vehicle to further the employer’s business purposes may be within the course and scope of employment.

Background

An employee was driving a company assigned vehicle when he was involved in a motor vehicle accident. The vehicle was to be taken to and from work, and employees were allowed to take the vehicle home for personal use at times. The employee was instructed by the Employer that the products needed for jobs were to be picked up from the Employer’s location, and large amounts of products could not be stored in the vehicle. In this particular matter, the injured worker was involved in a motor vehicle accident while en route from his home to the Employer’s location to pick up supplies. The Workers’ Compensation Judge found the injury not compensable, as it occurred outside the course and scope of employment. The Judge found that this constituted a commute to work, which is generally not compensable. The injured worker appealed.

Holding

The Appellate Division found that the injury was compensable, as it fell under the special mission exception and the authorized use of a company vehicle exception. The special mission exception applies when an “employee is required to be away from the conventional place of employment for business purposes, and travel was an indispensable part of the performance of the employee’s job duties.” The authorized operation of a business vehicle exception involves the authorized operation of the business vehicle on business the employer has authorized. Here, the injured worker was traveling to the Employer’s premise as specifically instructed in order to re-supply the truck. Additionally, the incident occurred while the injured worker was using the vehicle in an authorized manner.

Takeaway

If an injury occurs while an employee is performing a function of his or her job, the courts will bend over backwards to extend the course and scope rule to award benefits. This does not mean that cases such as this should automatically be accepted, but that a thorough investigation and conversation with an employer should be conducted at the outset so that a compensability determination can be a well-educated decision.

Questions about this case can be directed to Caroline Gentilcore at (267) 861-7596 or cgentilcore@tthlaw.com.