West Virginia: Accident in Employer’s Vehicle While on Paid Lunch Break Still Barred by Going and Coming Rule

That a worker was driving a company vehicle and subject to being called back to work at the time he was rear-ended by a third party during a paid lunch break did not mean the injuries were compensable since the worker was not performing a work-related activity when he left the employer’s premises to get lunch, held the Supreme Court of Appeals of West Virginia in a split memorandum decision, citing Williby v. WVOIC, 224 W.Va. 358, 686 S.E.2d 9 (2009).  Where a claimant suffered a compensable back injury and medical evidence later indicated she had reached maximum medical.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.

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

See Linzy v. Bradley Public Serv. Dist., 2014 W. Va. LEXIS 249 (Mar. 24, 2014) [2014 W. Va. LEXIS 249 (Mar. 24, 2014)]

See generally Larson’s Workers’ Compensation Law, § 13.05 [13.05]

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

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