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Workers’ Compensation – Traveling Employee – Hotel Slip & Fall – ‘Arising out of’ – Personal Laundry
North Carolina Lawyers Weekly Staff//May 16, 2020//
Workers’ Compensation – Traveling Employee – Hotel Slip & Fall – ‘Arising out of’ – Personal Laundry
North Carolina Lawyers Weekly Staff//May 16, 2020//
Even though plaintiff tripped and fell at his hotel while on a work trip, since plaintiff was doing his laundry the day before returning home, his injury is not compensable.
We affirm the Industrial Commission’s denial of plaintiff’s claim.
Unlike eating and sleeping, washing laundry is not always necessary for an off-duty, traveling employee. The Commission made no finding to suggest that plaintiff’s act of doing his laundry was necessary to further, directly or indirectly, the business of his employer. There was no evidence that plaintiff had run out of clean clothes for the remainder of the business trip.
There was no coverage because there was no showing that the employee was engaged in an act calculated to further, directly or indirectly, his employer’s business.
McSwain v. Industrial Commercial Sales & Service, LLC (Lawyers Weekly No. 011-091-20, 12 pp.) (Chris Dillon, J.) Appealed from the Industrial Commission. Gayla McSwain and Bobby Bollinger for plaintiff; Derek Wagner for defendants. N.C. App.
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