An employee, who travels on business for the employer, or at the request of the employer, is in the course of employment while traveling. Employees on business trips are generally considered to be continuously in the scope of employment during the entire duration of the business trip, unless the employee makes a distinct departure on a personal errand. However, this requires a substantial and unauthorized deviation or detour for personal purpose to remove the travel from being considered to be in the course of employment during the period of deviation. Issues regarding traveling employees generally go to whether an injury, which occurs while traveling, meets the “in the course of” requirement of the workers’ compensation statute. Typically, there is no coverage for an employee while traveling to the office or while traveling home. However, there are several key questions in determining whether or not a traveling employee will be entitled to benefits. The nature of the activity in which the employee was involved while traveling, resulting in the injury must be determined. Typically, if a trip involves both business, as well as personal purposes, then the trip will be deemed to be one in which coverage is provided. However, claims in which the employer provides a vehicle also results in compensable claims, even though an employee may be traveling to their home. This rule has been extended to provide coverage if an injury occurs on the employee’s premises, even during a break or while off the clock, or while involved in a recreational activity, which is provided by the employer.

The Tennessee Workers’ Compensation Law is applicable in situations where an Employee sustains an injury by accident arising out of and during the course and cope of his/her employment. Tenn. Code Ann. § 50-6-102 defines “Injury” and “personal injury” as an injury which is caused by an accident that arises out of and during the course and scope of Employee’s employment which causes the Employee to suffer either disablement or death of the employee. The statute also includes occupational diseases and mental injuries within the definition of “injury”.

For injuries that occur on or after June 6, 2011, The Tennessee Workers’ Compensation Statute defines “Injury” and “personal injury” as an injury by accident arising out of and in the course of employment that causes either disablement or death of the employee. “Injury” and “personal injury” shall not include a disease in any form, except when it arises out of and in the course and scope of employment. “Injury” and “personal injury” include a mental injury arising out of and in the course of employment. An injury is “accidental” only if it is caused by a specific incident (or incidents) arising out of and in the course of employment and is identifiable by time and place of occurrence.

After June 6, 2011, cumulative trauma conditions, hearing loss, carpal tunnel syndrome, and all other repetitive motion conditions shall not be considered an “Injury” and “personal injury” unless such conditions arose primarily out of and in the course and scope of employment. Also, the revised statute now provides that the authorized treating physician’s opinion on causation is presumed to be correct. Thus, the panel chosen physician’s opinion on causation is presumed to be correct, and can only be defeated by a preponderance of the evidence. Considering the new limitations on gradual injuries, the authorized physician’s opinion on causation is even more important and it makes it more difficult for the Plaintiff to rebut causation by an independent medical examiner’s opinion.