Jumpp v. City of Ventnor

828 A.2d 905, 177 N.J. 470, 2003 N.J. LEXIS 872
CourtSupreme Court of New Jersey
DecidedAugust 13, 2003
StatusPublished
Cited by21 cases

This text of 828 A.2d 905 (Jumpp v. City of Ventnor) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jumpp v. City of Ventnor, 828 A.2d 905, 177 N.J. 470, 2003 N.J. LEXIS 872 (N.J. 2003).

Opinions

The opinion of the Court was delivered by

PORITZ, C.J.

In this case, the Court must determine whether a city worker, whose daily duties required him to visit various sites within the city’s boundaries, is eligible for workers’ compensation benefits when he was accidentally injured during the workday but while on a personal errand. We hold that generally there must be a finding that the off-premises employee is performing his or her work responsibilities at the time of the injury in order for the injury to be compensable. We also hold that minor deviations from the employee’s prescribed responsibilities survive the 1979 amendments to the workers’ compensation statute. On the undisputed facts in this record, however, we conclude that petitioner cannot obtain benefits under the statute. We therefore affirm the rulings of the courts below.

I

Petitioner Robert .Jumpp, Jr., was employed by the City of Ventnor (City) as a pumping station operator. His job was to [474]*474monitor twice daily the electrical, chlorination and other systems at each of the six water wells, towers and sewerage pumping stations owned and operated by his employer. Because those facilities were dispersed throughout the City, Jumpp used a City-owned vehicle when traveling to each worksite to perform his duties.

On a typical day, petitioner arrived at the municipal public works office at 7:00 a.m. and by 8:30 a.m., after completing some paperwork and answering telephones, proceeded to his first location. Ordinarily, he completed his initial inspection of all six sites by mid-morning and then repeated his rounds during the afternoon. As he was continually in transit, petitioner had no set time for lunch or a coffee break, and therefore, without objection from his direct supervisor Thomas Klein, he was permitted to make brief stops at local establishments for food and beverages or to use the restroom. Petitioner also stopped each day to retrieve his personal mail from a local post office located on the route to one of his job sites, a habit that Klein knew about and allowed.

The day of his accident, May 5, 1998, Jumpp followed his usual routine. On the way to his fourth scheduled inspection, he parked his municipal vehicle around the corner from the post office and left it running while he went in to cheek his personal mail. As he was returning to the vehicle, however, petitioner slipped and fell on a nearby driveway, suffering a fractured pelvis and severe leg injuries that required hospitalization and the insertion of a pin into his left fibula.

During a visit to petitioner in the hospital, his supervisor mentioned that there should not be any problem with workers’ compensation even though petitioner was checking his personal mail at the time of the accident, and that petitioner would be eligible for benefits. Petitioner thereafter filed a claim with the New Jersey Division of Workers’ Compensation (Division) alleging that the injuries he suffered arose out of and in the course of his employment. The City subsequently filed an answer denying those allegations and disputing the compensability of petitioner’s [475]*475injuries. As a consequence, the trial was bifurcated and proceeded solely on the issue of compensability.

At trial, Jumpp testified that he frequented the post office on a daily basis with the knowledge and permission of his supervisor. Klein agreed, stating that it was an unwritten policy to allow employees “who are coming and going continually” to make brief stops at local establishments in the City to attend to personal business. Despite that testimony, on April 9, 2001, Judge Terry Dailey issued an order and written opinion dismissing petitioner’s claim. Although Judge Dailey found that Jumpp was “authorized” to make the post office stop, and that the stop was only a “minor deviation from his responsibilities,” the judge concluded that petitioner’s injuries were not compensable because he was engaged in a personal errand and not the “direct performance of duties assigned or required by [his] employer.” N.J.S.A 34:15-36.

The Appellate Division affirmed Judge Dailey’s ruling and rejected petitioner’s contention that he is eligible for workers’ compensation because his brief visit to the post office constituted but an “ ‘incidental deviation’ ” from his duties. Jumpp v. City of Ventnor, 351 N.J.Super. 44, 49, 796 A.2d 945, 948 (2001) (citation omitted). The court explained “that by requiring [an] employee [to] be engaged in the ‘direct performance’ of work-related duties, [N.J.S.A. 34:15-36,] the Legislature intended to ‘sharply curtail’ compensation for off-premises accidents.” Id. at 50, 796 A.2d at 949 (citing Mangigian v. Franz Warner Assocs., Inc., 205 N.J.Super. 422, 426, 501 A.2d 179, 181 (App.Div.1985) (quoting Hon. Alfred J. Napier, Impact of the Reform Act of1980, 96 New Jersey Lawyer 17, 18 (1981))). In light of that objective, and based on consistent precedent of the Appellate Division, the court held that “an employee who deviates from the temporal and spacial limits of his ... employment tasks for the sole purpose of engaging in a personal errand or activity is simply not ‘engaged in the direct performance of duties’ ” as required by the statute. Id. at 52, 796 A.2d at 950 (emphasis in original). Because Jumpp sustained [476]*476injuries while attending to a personal errand “neither incidental to his ... employment, ... nor beneficial to the employer,” the court concluded that he was not entitled to compensation. Id. at 52-53, 796 A.2d at 950.

We granted certification, 175 N.J. 78, 812 A.2d 1110 (2002), and permitted the participation of amici, New Jersey State Council of Machinists, International Association of Machinists and Aerospace Workers, AFL-CIO, New Jersey Advisory Council on Safety and Health, and New Jersey American Federation of Labor-Congress of International Organizations. We now affirm.

II

The Workers’ Compensation Act (hereinafter Act) requires employers to compensate employees for accidental injuries “arising out of and in the course of employment.” N.J.S.A. 34:15— 7. The Act describes employment as

commenc[ing] when an employee arrives at the employer’s place of employment to report for work and terminating] when the employee leaves the employer’s place of employment, excluding areas not under the control of the employer; provided, however, when the employee is required by the employer to be away from the employer’s place of employment, the employee shall be deemed to be in the course of employment when the employee is engaged in the direct performance of duties assigned or directed by the employer; but the employment of employee paid travel time by an employer for time spent traveling to and from a job site or of any employee who utilizes an employer authorized vehicle shall commence and terminate with the time spent traveling to and from a job site or the authorized operation of a vehicle on business authorized by the employer. Travel by a policeman, fireman, or a member of a first aid or rescue squad, in responding to and returning from an emergency, shall be deemed to be in the course of employment.
[N.J.S.A. 34:15-36.]

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Jumpp v. City of Ventnor
828 A.2d 905 (Supreme Court of New Jersey, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
828 A.2d 905, 177 N.J. 470, 2003 N.J. LEXIS 872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jumpp-v-city-of-ventnor-nj-2003.