Employer not responsible for injured worker’s commute

An employer of an injured worker who was put on driving restrictions is not responsible for her inability to drive to and from her light-duty return-to-work assignment, the Tennessee Workers’ Compensation Appeals Board ruled Monday.

The ruling in Bibiane Francoeur v. Amerimed Medical Solutions LLC reversed a trial court decision that said Ms. Francoeur had a right to refuse the light-duty assignment because she could not get to work due to the driving restrictions ordered by her physician.

Ms. Francoeur was working for Amerimed, a provider of medical and family assistance services, when she was injured when a client in an electric wheelchair pushed her into a wall and ran over her feet. Diagnosed with crush injuries to both feet and complex regional pain syndrome, she was assigned work restrictions that included “sitting job with foot/leg elevated” and “no driving,” according to court records.

Upon her refusal of the light-duty assignment, the employer terminated her temporary disability benefits. The trial court reinstated them, finding that she could not get to work.

The appeals board reversed, ruling that the employer’s duties did not extend to her commute to her light-duty assignment.

The appellate ruling said that “given the plethora of case law indicating that an employee’s commute is generally not within the course of employment and, unless otherwise specified, is not an employment-related benefit, we cannot, in the absence of a specific statutory or regulatory mandate, impose such an obligation on employers.”