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You are here: Home / Claim Management / Legal Doctrines / Death While Attending Leadership Conference Was In Scope of Employment

Death While Attending Leadership Conference Was In Scope of Employment

April 4, 2011 By //  by Robert Elliott, J.D. Leave a Comment

A Texas appeals court has ruled that a landscape manager was within the “course and scope of his employment” when he passed away en route to pick up a co-worker to attend a leadership conference

The recent ruling by the 3rd District Court of Appeals in Texas in Zurich American Insurance Co. vs. Chantal McVey upholds a lower courts decision denying Zurich’s argument that Troy McVey’s beneficiary was not entitled to workers compensation benefits due to the fact he was not acting in the course and scope of his job when he died in an auto accident.

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According to Business Insurance, on the day of the accident, McVey was behind the wheel of a company-owned truck he regularly used to perform his employment. He was scheduled to attend his employer’s leadership conference and was slated to pick up the co-worker, who also was required to attend the event and lived in proximity to McVey’s route to the company gathering, according to court records.
Court records also report that the employer “emphasized policies that its employees should be efficient when making company-funded travel and made employees subject to dismissal for repeated perceived abuses.”
Zurich’s arguments were directed toward the belief that McVey essentially was engaged in “an everyday trip to work,” according to court records.

But the appeals court found that a “coming-and-going” rule that prohibits benefits for accidents while traveling to work does not apply in this case.

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It said McVey was taking part in travel that furthered his employers business. As a result, his death is compensable, the court concluded, according to BusinessInsurance.com
Note: The facts of each “coming and going” case are slightly different even though many may appear to be the same. Make sure to ask your local defense counsel and the insurance company if your employees were “coming or going” to work.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact:Info@ReduceYourWorkersComp.com or 860-553-6604.
WC IQ TEST: http://www.workerscompkit.com/intro/
WORK COMP CALCULATOR: http://www.LowerWC.com/calculator.php
MODIFIED DUTY CALCULATOR: http://www.LowerWC.com/transitional-duty-cost-calculator.php
WC GROUP: http://www.linkedin.com/groups?homeNewMember=&gid=1922050/
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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com

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Filed Under: Legal Doctrines Tagged With: Death Benefits, Legal Issues, Medical Issues, Settling WC Claims, Texas Workers Comp Issues, The "coming and going" Rule, Workers Comp Claims

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