Court of Appeals Decides Going and Coming Case - Denies Benefits to Claimant
In Seaman v. Burgess Health Center , No. 14-1385 (Iowa App. Oct. 14, 2015), the Court of Appeals addressed the application of the going and coming rule to a claimant who had been killed in an auto accident during the drive from her home to work. The court affirmed the denial of benefits by the agency and the district court. On the day of claimant's accident, she was driving from her home to her job at the hospital as a mental health worker. She was in an accident, which resulted in her death. The court noted that employees are typically not covered for workers' compensation purposes (i.e. the injury does not arise out of and in the course of employment) while an employee is traveling to work. The court noted that absent special circumstances, an employee on his or her way to work was not engaged in an activity that would be compensable for workers' compensation purposes. Claimant contended that she was performing a special errand for the employer at the time ...