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Thayer v. State11/14/2002
Iowa Code section 85.31. See, e.g., Schauder v. Pfeifer, 173 N.Y.S.2d 179 (N.Y. App. Div. 1991) (where employer provided vanpool program for employees, furnished the van, formed and maintained the program, and rendered assistance necessary, plaintiff's injuries arose out of her employment making her exclusive remedy workers' compensation).
IV. Conclusion
The University organized the vanpool program for its employees. The University regularly provided the van and controlled all aspects of the transportation program. The employer's provision of the vanpool was not a gratuitous gesture, but was directly related to the work of the University and primarily benefited the University. Because Thayer was riding in the employer-provided van on her way to work when she was injured, her injuries arose out of and in the course of her employment making her entitled to workers' compensation benefits as her exclusive remedy. The district court properly granted the University's motion for summary judgment.
AFFIRMED.
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