Chavis v. TLC Home Health Care8/16/2005
Coastal Painting, 153 N.C. App. 469, 472, 570 S.E.2d 121, 124 (2002) (citation omitted).
However, "the Industrial Commission's conclusions of law are reviewable de novo." Whitfield v. Laboratory Corp. of Am., 158 N.C. App. 341, 348, 581 S.E.2d 778, 783 (2003) (citing Lewis v. Craven Regional Medical Center, 122 N.C. App. 143, 468 S.E.2d 269 (1996)). Under de novo review, the appellate court "considers the matter anew and freely substitutes its own judgment for the agency's judgment." Mann Media, Inc. v. Randolph Cty. Planning Bd., 356 N.C. 1, 13, 565 S.E.2d 9, 17 (2002) (citation omitted).
II. "Arising Out of and in the Course of" Employment
This Court has held that an employee who is injured in an accident while on a personal errand does not have a compensable claim. Bowser v. N.C. Dep't of Corr., 147 N.C. App. 308, 311, 555 S.E.2d 618, 621 (2001), disc. rev. denied, 355 N.C. 283, 560 S.E.2d 796 (2002) (A traveling employee whose lodging and meals are provided by the employer at a specific location without reimbursement for meals taken at a different location is not within the course and scope of her employment while going to or returning from a meal taken at that different location.) Ms. Chavis'sinjuries that occurred during a purely personal errand to deliver her father's wallet to him did not "arise out of" or occur "in the course of" her employment.
TLC Home Care argues and the majority's opinion agrees a plaintiff must prove her injury occurred under both conditions of "arising out of" and "in the course of" employment to receive workers' compensation. See Ross v. Young Supply Co., 71 N.C. App. 532, 536-37, 322 S.E.2d. 648, 652 (1984).
The words 'arising out of' refers to the origin or cause of the accident. The employee must be about his masters' business. Taylor v. Wake Forest, 228 N.C. 346, 45 S.E. 387 (1947). The words 'in the course of' refer to the time and place and circumstances under which an accident occurred. The accident must occur during the period and place of employment. Plemmons v. White's Service, 213 N.C. 148, 195 S.E. 370 (1938).
Id.
Here, Ms. Chavis was engaged in a purely personal errand to "drop off her father's wallet," was not at work, and was "off-duty" when her accident occurred. The accident did not occur while Ms. Chavis was at work or while she was on the employer's premises. Ms. Chavis was off-duty and on a purely personal errand at the time and place the accident occurred.
III. Compensability
A. "Going and Coming" Rule
Under the "going and coming" rule, accidents which occur while an employee travels to and from work generally do not arise out of or in the course of employment. Royster v. Culp, Inc., 343 N.C. 279, 281, 470 S.E.2d 30, 31 (1996). The injury is not compensableunless the injured employee proves her injury occurred by showing one of the exceptions to the "going and coming" rule, i.e. "traveling salesman," "contractual duty," "special errand," and "dual purpose." Dunn v. Marconi Communications, Inc., 161 N.C. App. 606, 611, 589 S.E.2d 150, 154 (2003).
Generally, the employee must be injured while at work or on the employer's premises to receive workers' compensation. Hunt v. Tender Loving Care Home Care Agency, Inc., 153 N.C. App. 266, 269, 569 S.E.2d 675, 678, disc. rev. denied, 356 N.C. 436, 572 S.E.2d 784 (2002); see also Stanley v. Burns Int'l Sec. Servs., 161 N.C. App. 722, 725, 589 S.E.2d 176, 178 (2003) (citing Ellis v. Service Co., Inc., 240 N.C. 453, 456, 82 S.E.2d 419, 421 (1954)) ("An employee is not engaged in the business of the employer while driving his or her personal vehicle to the place of work or while
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