Court of Appeals Rules on Coming and Going Case

In Cunningham v. Bone Dry Waterproofing, Inc., 2016-Ohio-3341 (10th Dist. June 9, 2016), the court of appeals heard a case concerning an employee who was injured in an automobile accident while traveling home to drop off a passenger and to pick up work equipment (paint brushes) for several unexpected jobs.  The court ruled that the employee’s substantial employment duties did not begin until he arrived on the job site.  In addition, the court found the employee was not required by the employer to store paint brushes at home or to take a detour from the office to home for such equipment.   Based on these findings, the court of appeals found the employee was a fixed-situs employee. Because the court found that no exceptions to the coming and going rule applied, the court determined the employee was not entitled to workers’ compensation benefits for injuries occurring during his trip home.  If you have questions regarding the application of the coming and going rule, please contact our office at 419-244-6788 or through our website.


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