Petty v. Tennken Railroad

722 S.W.2d 386, 1986 Tenn. LEXIS 851
CourtTennessee Supreme Court
DecidedDecember 22, 1986
StatusPublished
Cited by1 cases

This text of 722 S.W.2d 386 (Petty v. Tennken Railroad) 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
Petty v. Tennken Railroad, 722 S.W.2d 386, 1986 Tenn. LEXIS 851 (Tenn. 1986).

Opinion

OPINION

FONES, Justice.

Plaintiff, an employee of a common carrier by railroad engaged in interstate commerce, brought this workers’ compensation action to recover for an injury sustained while he was in the scope of his employment but was not engaged in an activity directly affecting interstate commerce. The determinative question of whether plaintiff was covered by the Federal Employers’ Liability Act [FELA] at the time of the injury or by the Tennessee Workers’ Compensation Act depends upon whether any part of his duties as a railroad employee directly or closely and substantially affect interstate commerce.

The trial court awarded plaintiff workers’ compensation benefits without finding any facts or addressing the legal issue. We find a sufficient part of plaintiff’s usual duties were in furtherance of interstate commerce to bring him within the coverage of the FELA.

Plaintiff was employed by defendant railroad in July of 1984. He described his position as “an agent in training ... doing the payroll, handling the paperwork, the day-to-day business of the trains, their schedules, routing, where they went; just [387]*387clerical type duties. I did some accounts receivable, accounts payable, just local.”

His immediate supervisor was Polly Bullock. Ms. Bullock testified that plaintiff was hired as a freight agent trainee and that he was training under her. She had formerly held that job but had been promoted to customer service agent. She said that plaintiff’s description of the duties of a freight agent was “pretty much” accurate but added that the freight agent is in charge of all the switching that both of the crews would perform each day and that the freight agent acts as dispatcher and takes all information from customers about where they want cars placed and outbound billings. She testified that, if the job of the freight agent does not get done, the trains do not run. It is undisputed that defendant railroad operates between Dyersburg, Tennessee, and Hickman, Kentucky, and is engaged in interstate commerce.

There was evidence that the owners of defendant railroad had purchased another railroad that would apparently operate only from Trenton, Tennessee, to a point near Jackson, Tennessee, and would thus be limited to intrastate activity. This railroad was or would be a separate corporation from defendant known as West Tennessee Railroad, and plaintiff would become the freight agent for that railroad. The only further material fact revealed in the record about the status of the intrastate railroad as of the date of the accident was that it “didn’t have the bookkeeping system set up yet.”

Plaintiff testified that he was instructed by Leroy Kennedy, the general manager of defendant railroad, to report to the depot of the West Tennessee Railroad at Trenton, Tennessee, early on the morning of 4 September 1984 and to take with him a load of manuals. While unloading the manuals at the Trenton depot about 4:30 a.m., plaintiff felt a sharp pain in his lower back. He reported the incident to his superiors, went to the hospital and was unable to work for several days. His condition was diagnosed as a herniated disc at the L-4 — 5 level. His doctor testified that he had a permanent partial disability to the body as a whole of ten percent. The trial judge awarded him five percent disability.

Plaintiff does not contend that he was an employee of the West Tennessee Railroad at the time of the accident but insists that 1) his duties as an employee of defendant Tennken were clerical and had no relation to interstate commerce and 2) that at the time of the injury neither he nor his employer Tennken was engaged in interstate commerce and that he was therefore covered by the Tennessee Workers’ Compensation Act. If this injury had occurred prior to 1 August 1939, we would agree with plaintiff.

On 11 August 1939, the Federal Employers’ Liability Act was amended; and in 1941 and 1943 the Tennessee Workers’ Compensation Act was amended. Prior to 1941 the Tennessee Act exempted all common carriers engaged in interstate commerce. The 1941 amendment had the effect of providing workers’ compensation coverage to employees of common carriers engaged purely in intrastate commerce. The effect of the 1943 amendment, which governs this case, was to exempt from the Tennessee Workers’ Compensation Act those employees of common carriers who are covered by a liability statute enacted by the Congress of the United States, such as the FELA. Thus it follows that an employee of a railroad engaged in interstate commerce would not be covered by the Tennessee Workers’ Compensation Act if the federal courts’ interpretation of the FELA would bring the employee within the coverage of that Act.

The coverage language of the FELA, as originally enacted, was “every common carrier by railroad while engaging in commerce between any of the several states....” Ch. 149, 35 Stat. 65 (1908). The United States Supreme Court interpreted that language to mean that both the employee and the railroad had to be engaged in interstate commerce at the moment of the injury to come within the coverage of the Act. Shanks v. Delaware, Lackawanna, & Western Railroad, 239 [388]*388U.S. 556, 36 S.Ct. 188, 60 L.Ed. 436 (1916). Later, that Court held that employees engaged in or connected with new construction for their railroad employers were not engaged in interstate commerce. Raymond v. Chicago, Milwaukee, & St. Paul Railway, 243 U.S. 43, 37 S.Ct. 268, 61 L.Ed. 583 (1917); New York Central Railroad v. White, 243 U.S. 188, 37 S.Ct. 247, 61 L.Ed. 667 (1917).

The “moment of injury” and the “new construction doctrines” and the frequent cases involving switchmen and other railroad employees who worked both interstate and intrastate shipments each day were the source of confusion to the railroads, their employees and the courts and prompted Congress to amend the Act in 1939. See Southern Pacific v. Gileo, 351 U.S. 493, 76 S.Ct. 952, 100 L.Ed. 1357 (1956); and Reed v. Pennsylvania Railroad, 351 U.S. 502, 76 S.Ct. 958, 100 L.Ed. 1366 (1956); and Annot., 10 A.L.R.2d 1279 (1950). The 1939 amendment added a paragraph to Section One of the FELA, which reads, in material part, as follows:

Any employee of a carrier, any part of whose duties as such employee shall be the furtherance of interstate or foreign commerce; or shall, in any way directly or closely and substantially, affect such commerce as above set forth shall, for the purposes of this Act, be considered as being employed by such carrier in such commerce and shall be considered as entitled to the benefits of this Act
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Act of Aug. 11, 1939, ch. 685, § 1, 53 Stat. 1404 (codified at 45 U.S.C. § 51 [1982]).

Reed v. Pennsylvania Railroad, supra, is the landmark case interpreting the affect of the 1939 amendment on the coverage of the FELA. Ms. Reed was a clerical employee of the Pennsylvania Railroad.

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Cite This Page — Counsel Stack

Bluebook (online)
722 S.W.2d 386, 1986 Tenn. LEXIS 851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petty-v-tennken-railroad-tenn-1986.