Jerri Simmons Prevails Before Full Commission in Workers’ Compensation Dispute

Jerri Simmons, a partner at Cranfill Sumner LLP, recently achieved a favorable result for an insurance carrier client in a workers’ compensation dispute before the North Carolina Industrial Commission involving a security officer who sustained serious injuries after being struck by a vehicle while responding to the scene of a motor vehicle accident. The plaintiff sought workers’ compensation benefits, alleging that his injuries arose out of and in the course of his employment because he was attempting to assist accident victims while performing security patrol duties for his employer.

The central issue was whether the plaintiff’s injuries were compensable under the North Carolina Workers’ Compensation Act. Evidence demonstrated that the motor vehicle accident occurred off the employer’s contracted property and that the plaintiff had left his assigned patrol area to render aid to third parties. The defense established that the employer’s policies, training, job description, and security services contract limited the plaintiff’s authority and responsibilities to the contracted property and required employees to contact emergency services rather than respond to off-site emergencies themselves.

The Full Commission found that the plaintiff’s actions constituted a departure from his employment duties, provided no appreciable benefit to the employer, and exposed him to risks common to the general public rather than risks associated with his employment. The Commission further concluded that the plaintiff failed to prove that his injuries arose out of and in the course of his employment. As a result, the Full Commission denied the plaintiff’s claim for benefits under the North Carolina Workers’ Compensation Act, resulting in a complete defense victory for the client.