Braden v. Sears, Roebuck and Co.

833 S.W.2d 496, 1992 Tenn. LEXIS 537
CourtTennessee Supreme Court
DecidedJune 29, 1992
StatusPublished
Cited by52 cases

This text of 833 S.W.2d 496 (Braden v. Sears, Roebuck and Co.) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Braden v. Sears, Roebuck and Co., 833 S.W.2d 496, 1992 Tenn. LEXIS 537 (Tenn. 1992).

Opinion

OPINION

DROWOTA, Justice.

This case presents an appeal by the Plaintiff-employee of the trial court’s dismissal of his suit for workers’ compensation benefits. The issue presented is whether the injuries Plaintiff sustained as a result of an assault arose out of his employment. Finding they did, we reverse.

Plaintiff Gene Braden was employed by Defendant Sears, Roebuck and Company as an “outside television technician” at the time of his injuries. In his capacity as a technician, he made service calls to customers’ homes using a service van furnished by Sears. He was 61 years old at trial, and had been employed by Sears for 32 years.

In 1988, Sears instituted a new system whereby service technicians did not report daily to the service center; instead, technicians drove their vans home in the evening and reported directly to a customer’s home the following morning. The technicians were responsible for washing the vans and ensuring they were locked and secured.

Under the so-called “drop system,” each evening a Sears route person would deliver the next day’s assignments to the technician by placing a “route sheet” into a bucket in the service van. At the same time, the route person would remove parts or appliances that were to be repaired at the service center. The route person also collected from the van the technician’s money envelope, into which the technician was to have placed cash and checks received from that day’s customers.

At some point before beginning work, the technicians were required to retrieve the route slip from their vans and organize that day’s route. This organization included sequencing the service calls to minimize backtracking, and ensuring they had proper service orders and parts. Policy required reporting route sequence information to the service center by 9:15 a.m. each work day.

Sears’s written procedures did not prescribe a specific time for technicians to organize their routes. Conflicting testimony was given by two Sears service managers: one manager assumed the organizing would be done in the morning; the other assumed the individual technician could decide the best time. The managers did agree, however, that the route organization was a job requirement and that a major purpose of this new route system was to enable Sears to provide more efficient service to its customers.

At approximately 8:00 p.m. on February 1, 1989, Plaintiff, still wearing his Sears uniform, went to his driveway to retrieve the next day’s route slip from the back of *498 the Sears van. This was in accordance with Plaintiffs habit of organizing his route the prior evening. During the course of this retrieval, Plaintiff was attacked and pistol-whipped by an unknown assailant. The attacker took $20.00 of Plaintiff’s personal money from Plaintiff’s shirt pocket but took nothing from the van. However, the route person had already removed that day’s money envelope from.the van.

Plaintiff received emergency medical treatment for the initial severe head injury and has subsequently been examined and treated by various physicians for blurred vision, dizziness, memory loss, headaches, and numbness. He has not worked since the attack; one doctor opined that, given Plaintiff’s age and disabilities, he probably will never work again.

The trial court dismissed Plaintiff’s suit for workers’ compensation benefits, finding his injuries did not arise out of the employment with Sears. We disagree and reverse.

I.

This Court’s standard of review in workers’ compensation cases is de novo upon the record, accompanied by a presumption of the correctness of the trial court’s findings of fact, unless the preponderance of the evidence is otherwise. T.C.A. § 50-6-225(e)(2) (1991). However, no presumption operates with respect to the trial court’s application of law. Here, while our independent examination reveals no basis upon which to disturb the trial court’s factual findings, we must nevertheless conclude that the court below erred in its application of the law.

In order for an injury to be compen-sable under Tennessee Workers’ Compensation Law, it must be “by accident arising out of and in the course of employment.” See T.C.A. § 50-6-102(a)(5) (1991). The phrase “in the course of” refers to the time and place. See e.g., Travelers Ins. Co. v. Googe, 217 Tenn. 272, 279, 397 S.W.2d 368, 371 (1965). Accordingly, “[i]njuries that occur while an employee is furthering or facilitating his employer’s business are incurred in the course of his employment." Hudson v. Thurston Motor Lines, Inc., 583 S.W.2d 597, 599 (Tenn.1979) (citing 1 Larson, Workmen’s Compensation Law §§ 14, 15.50 (1978)). Here, the trial court correctly determined that, because Plaintiff was attacked while engaged in removing his route sheet from the back of the van, an activity that furthered his employer’s business, his injuries were sustained in the course of his employment.

We note Defendant’s insistence that the attack occurred (1) at a time when Plaintiff was not “on the clock” and (2) at a place, his home, removed from the work environs. Under the present circumstances, these facts do not remove Plaintiff's activities from the course of his employment. Sears’s policy mandated that technicians organize their routes at home, “on their own time,” prior to embarking on the day’s first service call. There was no showing Plaintiff attempted to perform his duties in a manner that contravened either company policy or his specific instructions. Therefore, Plaintiff must be held to have been acting in the course of his employment.

II.

The phrase “arising out of” refers to causation. This requirement is satisfied if an injury has a rational, causal connection to the work. See, e.g., Beck v. State, 779 S.W.2d 367, 371 (Tenn.1989) (citing cases). Further, any reasonable doubt as to whether an injury arose out of the employment is to be resolved in favor of the employee. Id.

In Hudson v. Thurston Motor Lines, supra, this Court expressly approved of the “street risk doctrine.” This doctrine applies where the employment exposes an employee to the hazards of the street, and may be used to establish the requisite causal connection between these hazards and the employment. See Hudson, 583 S.W.2d at 602.

In some cases, the street risk doctrine has been applied to afford recovery to an employee injured as a result of this “indiscriminate exposure to the general public” while engaged in actual perform- *499 anee of work duties. See Beck, 779 S.W.2d 367

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cross, Steven v. Cabinet Express, Inc.
2018 TN WC 74 (Tennessee Court of Workers' Comp. Claims, 2018)
Webb, Jackie v. Enrema, Inc.
2017 TN WC 232 (Tennessee Court of Workers' Comp. Claims, 2017)
Sexton, Caitlyn v. Bad Daddy's Burger Bar
2017 TN WC 170 (Tennessee Court of Workers' Comp. Claims, 2017)
Jane Doe v. P.F. Chang's China Bistro, Inc.
Court of Appeals of Tennessee, 2017
Foriest, James v. UPS
2017 TN WC 111 (Tennessee Court of Workers' Comp. Claims, 2017)
Panzarella, Samuel v. Amazon.com, Inc.
2017 TN WC App. 28 (Tennessee Workers' Comp. Appeals Board, 2017)
Cole, Shaun v. M & D Coatings
2017 TN WC 79 (Tennessee Court of Workers' Comp. Claims, 2017)
Morales, Rigoberto v. Boshwit Brothers, Inc.
2017 TN WC App. 22 (Tennessee Workers' Comp. Appeals Board, 2017)
Morales, Rigoberto v. Boshwit Brothers, Inc.
2017 TN WC 15 (Tennessee Court of Workers' Comp. Claims, 2017)
Flippen, CHristopher v. Murpht-Hoffman Company
2016 TN WC 95 (Tennessee Court of Workers' Comp. Claims, 2016)
Wade, Lloyd v. AAA Cooper Transportation
2016 TN WC 92 (Tennessee Court of Workers' Comp. Claims, 2016)
Molitor, Leisa v. Shoe Show, Inc.
2016 TN WC 74 (Tennessee Court of Workers' Comp. Claims, 2016)
Sirkin, Shawn v. Trans Carriers, Inc.
2016 TN WC 73 (Tennessee Court of Workers' Comp. Claims, 2016)
Harris, Terrel v. Bennett Tool & Die, LLC
2016 TN WC 68 (Tennessee Court of Workers' Comp. Claims, 2016)
Dugger, Paula v. Home Health Care of Middle Tennessee, LLC, et al.
2016 TN WC App. 12 (Tennessee Workers' Comp. Appeals Board, 2016)
Navyac, Laura v. Universl Healthcare Servces
2016 TN WC 32 (Tennessee Court of Workers' Comp. Claims, 2016)
Dugger, Paula v. Home Health Care of Middle TN
2016 TN WC 22 (Tennessee Court of Workers' Comp. Claims, 2016)
Pool, Ronald v. Jarmon D&Q Transport
2015 TN WC 169 (Tennessee Court of Workers' Comp. Claims, 2015)
Smith, Kathy v. Mountain Empire Oil
2015 TN WC 166 (Tennessee Court of Workers' Comp. Claims, 2015)
Manuel, Darrell v. A-1 Workforce, Inc.
2015 TN WC 150 (Tennessee Court of Workers' Comp. Claims, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
833 S.W.2d 496, 1992 Tenn. LEXIS 537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/braden-v-sears-roebuck-and-co-tenn-1992.