Jones v. Colonial Williamsburg Foundation

382 S.E.2d 300, 8 Va. App. 432, 6 Va. Law Rep. 104, 1989 Va. App. LEXIS 91
CourtCourt of Appeals of Virginia
DecidedJuly 25, 1989
DocketRecord No. 1343-88-1
StatusPublished
Cited by20 cases

This text of 382 S.E.2d 300 (Jones v. Colonial Williamsburg Foundation) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Colonial Williamsburg Foundation, 382 S.E.2d 300, 8 Va. App. 432, 6 Va. Law Rep. 104, 1989 Va. App. LEXIS 91 (Va. Ct. App. 1989).

Opinions

Opinion

MOON, J.

Fay M. Jones, a pantry worker at the King’s Arms Tavern, seeks reversal of an Industrial Commission decision finding that her injury did not arise out of and was not in the course of her employment. We reverse the decision because we find that even though her activity at the time of injury was personal in nature and even though she had not reported for work, the activity on the premises which precipitated the injury was so incidental to the employment as to be expected of the employee during the course of employment.

Whether an injury arises out of and in the course of employment is a mixed question of law and fact and is, thus, reviewable upon appeal. Park Oil Co. v. Parham, 1 Va. App. 166, 168, 336 S.E.2d 531, 532 (1985); American Furniture Co. v. Graves, 141 Va. 1, 13-14, 126 S.E. 213, 216 (1925). The facts of this case are not in dispute.

On November 4, 1987, Fay Jones, a pantry worker at the King’s Arms Tavern in Williamsburg, rode to work with a coworker, Gloria Hundley. When Hundley parked the car in the employees’ parking lot, Jones offered to take a small amount of trash, consisting of cigarette butts, potato chip bags and soda bottles, out of the car and put it in the trash receptacle behind the tavern. The receptacle is a modern dumpster made to look like a colonial well house. Both the driveway leading up to the parking lot and the [435]*435trash dumpster are within the yard of the King’s Arms Tavern, which is the property of Colonial Williamsburg.1

Jones headed directly to the tavern along a driveway that leads from the street to the rear of the tavern. She took two to three steps from the direct line of travel to the tavern door and up one or two stair steps of the well house.

After throwing the trash from the top step into the dumpster, she turned to go toward the tavern, slipped on the wet step of the trash house, and injured her leg. At the time of her injury, she had not yet clocked in to work.

The full commission found that Jones was on a “personal mission” and was not performing a duty for her employer. For this reason, the commission denied compensation.

Generally, a compensable injury must arise out of and occur in the course of the claimant’s employment. Code § 65.1-7. An injury “arises out of’ the employment “when there is apparent to the rational mind upon consideration of all the circumstances, a causal connection between the conditions under which the work is required to be performed and the resulting injury.” Brown v. Reed, 209 Va. 562, 564, 165 S.E.2d 394, 397 (1969). An accident occurs “in the course of’ employment “when it takes place within the period of the employment, at a place where the employee may be reasonably expected to be, and while he is reasonably fulfilling the duties of his employment or is doing something reasonably incident thereto.” Id. An employee going to and from the workplace is not normally considered to be engaged in an activity arising out of and in the course of employment. GATX Tank Erection Co. v. Gnewuch, 221 Va. 600, 603-04, 272 S.E.2d 200, 203 (1980); Kent v. Virginia-Carolina Chemical Co., 143 Va. 62, 66, 129 S.E. 330, 331 (1925).

However, when an employee is injured on the employer’s premises while going to or from work, the injury is treated as though it happened while the employee was engaged in his work at the place of its performance. Reed, 209 Va. at 565, 165 S.E.2d [436]*436at 397; see A. Larson, Workmen’s Compensation Law § 15.00 (1984).

For instance, in Reed, the Supreme Court held that an employee who fell while walking across the employer’s parking lot sustained a compensable injury. The Reed Court stated:

“[Ejmployment includes not only the actual doing of the work, but a reasonable margin of time and space necessary to be used in passing to and from the place where the work is to be done. If the employee be injured while passing, with the express or implied consent of the employer, to or from his work by a way over the employer’s premises, or over those of another in such proximity and relation as to be in practical effect a part of the employer’s premises, the injury is one arising out of and in the course of the employment as much as though it had happened while the employee was engaged in his work at the place of its performance. In other words, the employment may begin in point of time before the work is entered upon and in point of space before the place where the work to be done is reached.”

209 Va. at 565, 165 S.E.2d at 397 (quoting Bountiful Brick Co. v. Giles, 276 U.S. 154, 158 (1928)).

Colonial Williamsburg does not argue that Jones was at a place where employees were not allowed to be or that she violated a work rule. Colonial Williamsburg claims only that she was doing something of a personal nature. The fact that an employee is engaged in an activity of a personal nature, in itself, is not a sufficient basis for denying compensation to an employee injured on the employer’s premises.

“It is uniformly held that ‘An injury sustained by an employee while engaged in the performance of an act essential to his personal comfort and convenience, but ultimately for the benefit of the employer, is compensable.’ ” Bradshaw v. Aronovitch, 170 Va. 329, 336, 196 S.E. 684, 688 (1938). In Bradshaw, an employee was injured when he climbed from the cab onto the running board of a moving soft drink truck to get a drink for his personal consumption. The Supreme Court found his injury compensable, stating:

[437]*437In the final analysis, then, we have a case where an employee is thrown from a truck on which he is riding in the performance of his duties, when for the moment he was performing an act for his personal comfort and convenience. And, as we have already seen, injuries from accidents arising in this manner are compensable.

Id. at 338, 196 S.E. at 689. The Bradshaw court cited other similar instances of employees being entitled to compensation when their injuries arose during employment but while they were performing personal missions.

One such case was Springer v. North, 205 A.D. 754, 200 N.Y.S. 248 (1923), where an employee, delivering wood by wagon to his employer’s customers, stopped in front of a store to purchase chewing tobacco for his own use. While reaching for the tobacco with one foot still on the wagon wheel, the horses started and he was injured. The injury was held to be incidental to the employment and justified an award under the workmen’s compensation statute of New York.

Another case cited by the Supreme Court in Bradshaw was McLaughlan v. Anderson, 48 Sc. L. R. 349, 4 B.W.C.C. 376, which arose under the English Workmen’s Compensation Act of 1906. There, recovery was allowed where a man fell from a wagon while attempting to recover his dropped pipe.

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Cite This Page — Counsel Stack

Bluebook (online)
382 S.E.2d 300, 8 Va. App. 432, 6 Va. Law Rep. 104, 1989 Va. App. LEXIS 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-colonial-williamsburg-foundation-vactapp-1989.