Firestone Tire & Rubber Co. v. Crawford

Sognier, Judge,

dissenting.

I respectfully dissent because I believe this case is controlled by Street v. Douglas County Rd. Dept., 160 Ga. App. 559 (287 SE2d 586) (1981) and cannot be distinguished from Street on the grounds set forth by the majority. In Street, the employee was denied compensation for injuries incurred while traveling to physical therapy sessions *245because this court found that the employee’s trip to his doctor was analogous to travel to and from work, and the well-established rule in this state is that injuries incurred while traveling to and from work are not compensable. The facts in the case sub judice follow closely those in Street. The majority argues that this case fits the exception of compensability for injuries incurred while traveling to and from work where transportation is provided by the employer. However, under that narrow exception, such injuries are compensable only where the furnishing of transportation is an incident of employment as well as a benefit to the employer. See, e.g., Electric Mut. &c. Ins. Co. v. Grynkewich, 122 Ga. App. 765 (1) (178 SE2d 732) (1970); American Hardware &c. Ins. Co. v. Burt, 103 Ga. App. 811 (120 SE2d 797) (1961). There is no evidence in this case that Firestone received any benefit by providing appellee’s travel expenses. Also, although the majority argues that Street is distinguishable because appellee here was not voluntarily visiting his physician, there is no evidence that appellee’s appointment was not scheduled on his own time. Nor is there any evidence that appellee was being paid by Firestone for the time required to consult with his doctor. See Street at 560. Because none of the exceptions outlined in Street is present here, the general rule that injuries incurred en route to or from work are not compensable applies. Accordingly, I would reverse.

Decided November 21, 1985 Rehearing denied December 17, 1985 Mark A. Gonnerman, for appellants. Jimmie H. Brown, for appellee.

I am authorized to state that Chief Judge Banke, Presiding Judge Birdsong and Judge Pope join in this dissent.