Part VIII - Iowa Workers' Compensation - The Going and Coming Rule
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H. Transportation Necessity Exception.
In Medical Associates Clinic, P.C. v First National Bank Of Dubuque, 440 N.W. 2d 374 (Iowa 1989) we see the facts that probably have the most application to any employee whose employment requires them to use their own car, truck or plane. I believe it's very simply put, if you need your car for errands during the work day, then the going and coming rule doesn't apply to you. If the claimant needs a form of transportation to go to a medical clinic, the hospital, the courthouse, a client's place of business, a client's home, shopping for supplies, to pick up mail, to the post office to buy postage for the postal meter, to pick up stamps, to mail a package, to buy sugar, coffee or cream, the going and coming rule is clearly excepted.
In this case Doctor Miles H. Martin, Jr., a cardiovascular thoracic surgeon was killed in an automobile accident traveling from home to work at Mercy Hospital in Dubuque, Iowa. The court focused on the doctor's employment contract with his employer, Medical Associates Clinic, P.C.. The employment contract discussed automobile and transportation expenses. The doctor's schedule included surgeries at two different hospitals located one and six miles from his office. In addition he had to attend to emergencies at each hospital. His call schedule required attending to patients at all hours of the day and night and included all seven days of the week. The Court stated: "Additionally, under a separate rule which acts as an exception to the "going and coming" rule, an employee's trip to and from work is considered within the course of employment if the employee if required, as a part of his employment, to provide a vehicle for his use during the working day. See Davis v Bjorenson, 229 Iowa 7, 11, 293 N.W. 829, 830(1940); 1 A. Larson, The Law of Workmen's Compensation, sec. 17.50 at 4-239 (1985)" Id at 376.
An interesting twist to this case has to do with the employment contract making the doctor responsible for transportation expenses. Citing Larson the Court emphasized the following language: " In the present category, it is immaterial whether the employee is compensated for the time or expenses of the journey, since work-connection is independently established by the fact of conveying the vehicle to the operating premises." Id. at 376. The Court found the car was an instrumentality of the business at all hours of the day and was subject to that use at night. How important this might be in other situations has yet to be explored. In many situations the employer will pay mileage or give the employee a fixed amount of money each week to cover the expense of travel. The employee may even keep a mileage book for tax purposes or have a sign for the window or to affix the side of the car. Doctor's schedules are terrible. For jobs requiring demanding schedules you need to talk to the spouse, the children, the office manager, coworkers, secretaries, receptionists and other people in the know. Check with the people in the ticket booth at the garage where the claimant parked. Where did he normally stop for coffee, fuel or lunch? Interview everyone that came into contact with the claimant throughout his or her work day. These potential witnesses may be able to provide leads and testimony on how often the claimant used his or her vehicle for business.
For more information on this subject, please refer to the section on Worksite Injury and Workers Compensation.