Department of Human Resources v. Jankowski

249 S.E.2d 124, 147 Ga. App. 441, 1978 Ga. App. LEXIS 2717

• Court: Court of Appeals of Georgia
• Decided: September 14, 1978
• Docket: 55721
• Status: Published

Opinions

McMurray, Judge.

This case involves the question of whether or not a state employee who was injured while on the property of the Georgia Building Authority (Archives Building) where she had parked her automobile and was proceeding to her office for work arose out of and in the course of her employment. The administrative law judge hearing the case determined that the State Archives Building is administered by the Georgia Building Authority; that the parking space (in the basement) is assigned to the employee for the purpose of parking her automobile, albeit she is required to pay $8 per month for the privilege and does not necessarily have to use the parking facility; and after parking her automobile the state employee was on her way, by the most direct route, to work at her assigned office. Based upon the above, the administrative law judge determined that her injury when she tripped and fell over a chain stretched across the driveway arose out of and in the course of her employment, citing Federal Ins. Co. v. Coram, 95 Ga. App. 622 (98 SE2d 214), and U. S. Cas. Co. v. Russell, 98 Ga. App. 181 (105 SE2d 378). The award was affirmed by the trial court. The employer appeals. Held:

1. The evidence shows the parking space was assigned to the state employee for the convenience of the employer (as well as the employee) even though she was required to pay $8 per month for same, was not required to use it, and could avail herself of other means of transportation to and from work so as to arrive at her place of employment without entering the facilities of the Georgia Building Authority. Nevertheless, she availed herself of this privilege and when she arrived on the Georgia Building Authority property she was in fact on state property, "the employer’s premises,” placed there for its convenience as well as convenience of the employee. Her injuries, therefore, occurred during her employment and arose out of and in the course of her employment. In the U. S. Cas. Co. v. Russell case, claimant was entitled to a "reasonable time for ingress to and egress from the place of work, while on the employer’s premises.” Certainly, the Georgia Building Authority property is "a lot supervised by plant guards [Building Authority personnnel and police] for that purpose.” This case is on all fours with U. S. Cas. Co. v. Russell, 98 Ga. App. 181, 182, supra.

2. The appellant argues that such cases as Smith v. Travelers Ins. Co., 139 Ga. App. 45 (227 SE2d 868); and American Mut. &c. Ins. Co. v. Curry, 187 Ga. 342 (200 SE 150) are controlling here. However, both differ on the facts. In the Smith v. Travelers Ins. Co. case the claimant had not parked in parking facilities provided for his convenience such as here, but had walked through a business shopping and parking area across the street from a cemetery where he was employed. He had not reached his place of employment when he was struck while crossing a three-lane street, and the administrative law judge determined these injuries did not arise out of and in the course of his employment. The American Mut. Ins. Co. v. Curry case involved the gratuitous and permissive riding of a vehicle of the employer in going to and from his work. Neither of these two cases are controlling on the facts here.

Argued April 6, 1978 Decided September 14, 1978 Rehearing denied October 12, 1978. Arthur K. Bolton, Attorney General, Lawson & Davis, G. Thomas Davis, for appellant. Paul S. Liston, for appellee.

To adopt appellant’s view would authorize coverage of a state employee only after she actually reached her office since the majority of the work area of state employees is rented by each department from the Georgia Building Authority.

Judgment affirmed.

Bell, C. J., Deen, P. J., Smith, Shulman and Banke JJ., concur. Quillian, P. J., Webb and Birdsong, JJ., dissent.