Jumpp v. City of Ventnor

796 A.2d 945, 351 N.J. Super. 44
CourtNew Jersey Superior Court Appellate Division
DecidedMay 17, 2002
StatusPublished
Cited by5 cases

This text of 796 A.2d 945 (Jumpp v. City of Ventnor) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division 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, 796 A.2d 945, 351 N.J. Super. 44 (N.J. Ct. App. 2002).

Opinion

796 A.2d 945 (2002)
351 N.J. Super. 44

Robert JUMPP, Jr., Petitioner-Appellant,
v.
CITY OF VENTNOR, Respondent-Respondent.

Superior Court of New Jersey, Appellate Division.

Submitted April 15, 2002.
Decided May 17, 2002.

Press & Long, attorneys for appellant (Carmine J. Taglialatella, of counsel and on the brief with Richard L. Press).

*946 Wallace, Legome & Pietras, attorneys for respondent (James G. Pietras, on the brief).

Before Judges HAVEY, BRAITHWAITE and COBURN.

The opinion of the court was delivered by HAVEY, P.J.A.D.

Petitioner Robert Jumpp appeals from an order entered by the Division of Workers' Compensation denying him benefits. Petitioner, who worked on the road for respondent City of Ventnor as a pumping station operator, deviated from his assigned rounds by picking up his personal mail at the post office. While leaving the post office, he injured himself. In denying benefits, the judge of compensation concluded that petitioner was not "engaged in the direct performance of duties assigned or directed by the employer...." N.J.S.A. 34:15-36. We affirm.

Petitioner's duties entailed visiting sewer pumping stations, water wells and towers on a twice-daily basis. His typical shift was from 7 a.m. until 3 p.m. Ordinarily, he performed paperwork while at the public works office until 8:30 a.m. He then commenced his duties checking the six sites, utilizing a City vehicle. At each of the sites, petitioner checked the electrical or chlorine systems, alarms and other components to make sure they were functioning properly.

Petitioner usually completed these tasks by mid-morning. Often, he stopped to have a cup of coffee before returning to the public works office. He repeated the routine during the afternoon hours. Petitioner has no "standard" lunch or break time, and is permitted by his supervisor to stop for coffee or to use the bathroom facilities at local restaurants.

On May 5, 1998, petitioner followed his usual routine. At approximately 8:30 a.m. he left the office and proceeded to the Canal Pumping Station. He then went directly to the Lafayette Avenue pumping station, and then to the Number 10 tower. After completing inspection of the tower, petitioner proceeded northerly on Ventnor Avenue toward the Little Rock Avenue sewer pumping station. However, on the way he stopped at the post office situate at the intersection of Ventnor and Sacramento Avenues to check his post office box for personal mail. While exiting the post office he fell and injured his right hip.

Plaintiff testified that he normally stopped at the post office on a daily basis with the knowledge and approval of his supervisor, Thomas Klein. Klein testified and confirmed that fact, explaining:

It's not a written policy, it's—we have a union contract which allows the men a 15-minute break in the morning and again in the afternoon.
The nature of our business is that we have people coming and going continually. If they stop to pick up something at WaWa or one of the local stores in Ventnor; pack of cigarettes, soda, Tasty-Cake, make a stop at the post office, you know, some other brief stop within the confines of the City we have no objection to that.

Citing Ward v. Davidowitz, 191 N.J.Super. 518, 468 A.2d 250 (App.Div.1983), the judge of compensation concluded that petitioner's injury did not occur while in the course of his employment duties. Acknowledging that petitioner's stop at the post office was a minor "deviation," the judge observed:

Permitting employees to run minor personal errands is not unlike recreational or social activities which are now addressed in N.J.S.A. 34:15-7. Allowing them to run personal errands produces *947 no benefit to the employer beyond an improvement in employee morale. The City of Ventnor permitted, but did not require, that employees perform minor personal errands during work. Clearly, if the petitioner had stopped for his mail after work, it would not be a compensable situation and I find that based upon the [1979] amendments to the statute as interpreted in Ward, that it is not compensable....

N.J.S.A. 34:15-36 (§ 36) provides in pertinent part:

Employment shall be deemed to commence when an employee arrives at the employer's place of employment to report for work and shall terminate 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.

Section 36 was part of a package of 1979 amendments to the Workers' Compensation Act, L. 1979, c. 238. By adding a definition of "employment" in § 36, the Legislature codified the common-law "premises rule" which confines "employment" to "when an employee arrives at the employer's place of employment ... and shall terminate when the employee leaves the employer's place of employment, excluding areas not under the control of the employer...." N.J.S.A. 34:15-36. Often, the issue raised in cases involving application of this "premises rule" is whether the place of the employee's injury was under the control of, or controllable by, the employer. See Brower v. ICT Group, 164 N.J. 367, 371-74, 753 A.2d 1045 (2000) (finding that an injury was compensable which occurred after an employee punched out at the end of his working day and fell descending a stairwell in a multi-tenant office building); Novis v. Rosenbluth Travel, 138 N.J. 92, 96, 649 A.2d 69 (1994) (holding that employee did not suffer compensable injury when she fell on sidewalk leading from parking lot to office building because the employer had no control over the parking lot); Livingstone v. Abraham & Straus, Inc., 111 N.J. 89, 104-06, 543 A.2d 45 (1988) (injury in parking lot compensable because the employer had directed the employees to park at the outer-most edge of the shopping mall parking lot, and thus the employer "controlled" the designated area). The "premises rule" is not implicated in this case.

At the same time, the Legislature recognized that many employees work on the road or at sites other than the employer's principal place of business. Thus, § 36 provides that "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...." This language has been interpreted as preserving the "special missions" rule, which allows compensation when the employee is required to be away from the conventional place of employment for business purposes, and travel was an indispensable part of the performance of the employee's job duties. Zelasko v. Refrigerated Food Express, 128 N.J. 329, 336-37, 608 A.2d 231 (1992). In Nemchick v. Thatcher Glass Mfg. Co., 203 N.J.Super. 137, 143, 495 A.2d 1372 (App.Div.1985), for example, we held that the employee was entitled to compensation where, after his regular eight-hour shift, he was sent on an all-night emergency assignment, and after completing his task and twenty-seven *948

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