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Date
- 2/11/2005 In this workers' compensation case, plaintiffs appealed the judgment of the workers' compensation judge (WCJ) finding that the deceased, Bradford Ledet, was not in the course and scope of his employment when he was killed in an automobile accident while bringing a subordinate employee home from work. Following an exhaustive review of the record herein, we find that the WCJ committed an error of law by incorrectly considering the applicable law concerning course and scope of employment, i.e., by considering the friendship between Mr. Ledet and Andre when addressing the transportation element of course and scope. Accordingly, The First Circuit conducted a de novo review of the record and determine whether plaintiffs are entitled to workers' compensation death benefits. Plaintiffs
argued that as a manager for Chili's, Mr. Ledet's efforts in transporting Based on its review of the record, it found that the factual situation herein fell squarely within the general rule that an employee traveling to and from work is not considered to be within the course and scope of employment. Further, it held that the facts did not fit within any of the jurisprudentially recognized exceptions to that general rule. The Court of Appeal concluded that Mr. Ledet was not in the course and scope of his employment at the time of the fatal accident, and affirmed the judgment below, dismissing with prejudice plaintiffs' claim for workers' compensation death benefits. http://www.lsba.org/opinions/1stCourt_Files/2004CA0152Feb2005.Pub.12.pdf ****************************************************************
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