Paula Dugger v. Home Health Care of Middle Tennessee, LLC, et al. - Articles

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Posted by: Amelia Ferrell Knisely on Mar 16, 2016

Court: TN Workers Comp Appeals Board

Attorneys 1:

Richard T. Matthews, Columbia, Tennessee, for the employee-appellant, Paula Dugger

Attorneys 2:

Gordon C. Aulgur, Lansing, Michigan, for the employer-appellee, Home Health Care of Middle Tennessee, LLC

Judge(s): Hensley

This interlocutory appeal involves a home health care nurse who was injured in a motor vehicle accident while traveling home after abandoning efforts to travel to a patient's residence because of inclement weather. The employee sought medical and temporary disability benefits, asserting her injuries arose primarily out of and in the course and scope of her employment. The trial court denied the employee's claim, finding no applicable exception to the general rule that injuries sustained by an employee while traveling to and from work are not considered in the course of employment unless the injuries occur on the employer's premises. The employee has appealed. We affirm the trial court's decision and remand the case.