Workers' Compensation

South Carolina: Recreation Superintendent’s Accident Retrieving Keys Did Not Arise Out of and In the Course of Employment

A South Carolina appellate court affirmed a decision by the state’s Appellate Panel that a former Superintendent of the Parks and Recreation Department for the City of Spartanburg was not in the course and scope of his employment when he was killed in a motorcycle accident. Acknowledging that the Superintendent had apparently been on his way to a recreational center to retrieve a key at the time of his accident, the court also noted that prior to the accident he had picked up his motorcycle at his mother’s house and had visited with her for some three hours. The court also acknowledged that the Superintendent took two work-related phone calls while at his mother’s house, but held this did not mean he was acting within the course and scope of his employment when he left to retrieve the key. The court said the Superintendent’s representatives had not established any known exception to the going and coming rule.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See Wofford v. City of Spartanburg, 2015 S.C. App. LEXIS 250 (Dec. 9, 2015) [2015 S.C. App. LEXIS 250 (Dec. 9, 2015)]

See generally Larson’s Workers’ Compensation Law, § 14.05 [14.05]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law