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Thayer v. State11/14/2002
mployee's right to workers' compensation is the employee's exclusive remedy against the employer. Nelson v. Winnebago Indus., Inc., 619 N.W.2d 385, 388 (Iowa 2000); Bailey v. Batchelder, 576 N.W.2d 334, 337 (Iowa 1998); Iowa Code §§ 85.3(1), 85.20.
The question we must answer is whether Thayer's injuries arose out of and in the course of her employment with the University. The words "personal injury arising out of and in the course of employment" includes
njuries to employees whose services are being performed on, in, or about the premises which are occupied, used, or controlled by the employer, and also injuries to those who are engaged elsewhere in places where their employer's business requires their presence and subjects them to dangers incident to the business. Iowa Code § 85.61(7).
An injury "arises out of" employment if there is a causal connection between the employment and the injury. Waterhouse, 561 N.W.2d at 57. This inquiry focuses on the character and source of the risk giving rise to the injury and on the relationship of the risk to the nature of employment. Meade v. Ries, 642 N.W.2d 237, 243-44 (Iowa 2002) (citing Bailey, 576 N.W.2d at 338). The injury arises in the "course of employment" when the injury and the employment coincide as to time, place, and circumstances. Id.
The facts before us show Thayer was riding in the vanpool on her way to work at 7:15 a.m. Generally, an accident that occurs while an employee is going to work or coming from work does not arise out of and in the course of employment. Quaker Oats Co. v. Ciha, 552 N.W.2d 143, 150-51 (Iowa 1996); Frost, 299 N.W.2d at 648. This is known as the "going-and-coming" rule and it has certain recognized exceptions. Frost, 299 N.W.2d at 648-49.
One such exception to the going-and-coming rule provides that where the employer has furnished transportation as an incident to employment, the injury is said to have arisen out of and in the course of employment. This is because the zone of protection may extend to include injuries occurring even beyond the physical parameters of the employer's premises. Bailey, 576 N.W.2d at 339; Frost, 299 N.W.2d at 648-49.
hen an injury occurs while a worker is being transported to an intended place of employment in a vehicle owned by the employer, the latter's control over that situation makes the vehicle an extension of the work place. Johnson v. Farmer, 537 N.W.2d 770, 772 (Iowa 1995) (citing 1 Arthur Larson, Larson's Workmens' Compensation Law § 17.00, at 4-209 (1995)).
"It is particularly true where . . . a supervisory employee of the injured person's employer is, on the employer's behalf, directing the route and operation of the vehicle." Id. One relevant fact to consider is whether the employer has made a "prevailing practice" of transporting employees back and forth. Tucker v. Northeast Louisiana Tree Serv., 665 So. 2d 672, 678 (La. Ct. App. 1995). If such trips are made irregularly, that suggests the employer is providing the service gratuitously. Id.
Here, the University owned the van and operated it as part of the vanpool program. One of Thayer's co-employees drove the van pursuant to a contract and policies made by the University. The University maintained the van, selected and trained the driver, set the driving schedule, approved the route, and set policies for use of the van. The operation of the van was at all times under the University's control.
Thayer asserts the going-and-coming rule does not apply to her because she paid for the ride. Thayer argues because the University offered the service for a fee, she is entitled to the same right of recovery as any other paying custome
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