Injury: Traveling Employee
Select the case name to read the decision on the Ohio Supreme Court’s web site. For other issues, see our topic index
to Ohio workers’ compensation decisions.
The “in the course of” and “arising out of” tests apply to determine whether a worker injured while traveling can receive workers’ compensation; the employee’s intention or purpose does not determine the right to participate.
Vote: 4-2, 1 concurs in judgment only
Opinion by: O’Connor
Whether or not employee is a fixed situs employee depends on whether or not the employee does their work at a fixed location determined by the employer. Even if the location changes periodically, it may still be a fixed situs. If an employee is a fixed status employee, the going and coming rule applies to determine whether or not an injury while traveling to work is eligible for workers’ compensation. Under going and coming rule, fixed situs employee is eligible for workers’ compensation if the travel benefits the employer and creates a distinctive risk (or a risk greater than that of the public).
Vote: 4-0, 1 concurs in syllabus and judgment, 2 concur in judgment only
Opinion by: Justice Cook