Workmen’s Compensation – Injuries Arising Out of And in the Course of Employment – Employer Furnishing Transportation and Employee Carrying Work to Do at Home as Exceptions to Coming and Going Rule
Decedent, a member of the Public Service Commission, was fatally injured in an accident while traveling between his place of employment and his home. He was driving an automobile furnished by the state, which bore the expenses of maintenance and operation. Decedent had with him certain files to work on at his home, his custom being to devote a part of each weekend to matters connected with his employment. Plaintiff as widow brought an action for death benefits under the Workmen’s Compensation Act. The Workmen’s Compensation Commission entered an award for the plaintiff. On appeal by the state, held, reversed. Death did not “arise out of and in the course of” the decedent’s employment. Neither the fact that the employee carried work to be done at home, nor the fact that the employer supplied transportation, established necessary causal or time relationship between injury and employment. White v. State, 338 Mich. 282, 61 N.W. (2d) 31 (1953).