Ladner v. Grand Bear Golf Course
| Docket Number: | 2007-WC-00231-COA Linked Case(s): 2007-WC-00231-SCT |
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| Oral Argument: | 09-20-2007 | |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-15-2008 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Travel to work - Special hazards Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 01-29-2007 Appealed from: Harrison County Circuit Court Judge: Lisa P. Dodson Disposition: AFFIRMED COMMISSION’S DECISION TO DENY WORKERS’ COMPENSATION BENEFITS Case Number: A2401-06-00050 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | RICHARD W. LADNER, II |
JAMES KENNETH WETZEL |
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| Appellee: | GRAND BEAR GOLF COURSE/GRAND CASINO OF MISSISSIPPI AND GREAT AMERICAN INSURANCE COMPANY OF NEW YORK | RONALD T. RUSSELL |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Workers’ compensation - Travel to work - Special hazards |
| Summary of the Facts: | Richard Ladner was involved in a one-vehicle accident on the way to his job at the Grand Bear Golf Course. As a result of this accident, Ladner was left with serious and disabling injuries. Ladner filed a petition to controvert with the Mississippi Workers’ Compensation Commission. After a hearing, the administrative law judge denied benefits. Both the Commission and the circuit court affirmed the decision of the ALJ. Ladner appeals. |
| Summary of Opinion Analysis: | Ladner argues that his case falls under the recognized exceptions to the general rule that accidents which occur off premises while traveling to or from one’s place of employment are not compensable. The general rule is that the hazards encountered by employees while going to or returning from their regular place of work and off the employer’s premises are not incident to employment and accidents arising therefrom are not compensable. Exceptions include where the employer furnishes the means of transportation, or remunerates the employee; where the employee performs some duty in connection with his employment at home; where the employee is injured by some hazard or danger which is inherent in the conditions along the route necessarily used by the employee; where the employer furnishes a hazardous route; where the injury results from a hazardous parking lot furnished by the employer; where the place of injury, although owned by one other than the employer, is in such close proximity to the premises owned by the employer as to be, in effect, a part of such premises. The special hazards exception applies when there is the presence of a special hazard at the particular off-premises point, and the close association of the access route with the premises, so far as going and coming are concerned. In Ladner’s situation, the accident occurred over a mile from the gates of Grand Bear, the land on either side of the road is owned by the federal government, there was no history of accidents necessitating a warning sign to those using the roadway, the road was not heavily traveled, and Ladner was not required to cross a dangerous intersection. Ladner was not on any special mission or errand for his employer; rather, he was merely going to work. Thus, there is substantial evidence to support the findings of the Commission. |
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