Judge agrees that claimant was not on a “special mission.”
We defended a claim petition and penalty petition wherein the claimant alleged serious neck and back injuries as a result of a work-related motor vehicle accident. We convinced the judge that the claimant was not in the course and scope of employment at the time of injury and, therefore, his claim was barred. The judge noted that, based on claimant’s testimony on cross examination, he had a legal address in North Carolina but was allegedly leasing an apartment in Newtown Square, Pa. He alleged he was on a special mission on the date of injury, traveling to an office owned by the employer. It was established that on the date of the accident, he was traveling on an expressway in New Jersey prior to his shift and admitted that his job required him to service many of the employer’s offices. The judge accepted the defense argument that the claimant was traveling to work, not in the course and scope of employment and not on a special mission, and dismissed the claim and penalty petitions.