The labor journal. [volume] (Everett, Wash.) 1909-1976, 1920-06-25

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Employees Going to and From Work
on Employers Equipment Are
Covered
June 8, 1920.
Mr.. E. G. Griggs, President st. Paul
d Tacoma Lumber Co., Tacoma,
Wash.
Dear Sir: We are in receipt of
your letter of the 7th inst, enclos-
ing circular letter signed by George
W. Rourke, general agent of the
Aetna Insurance Companies, dated
the 2nd inst, and making inquiry as
to our Interpretation of the Work
mems Compensation Act in relation
to employees travelling to and from
work on the employers equipment.
We have long followed the rule
that under such circumstances the
employe is covered by the act, if
the transportation has been author
lied by the employer, the exception
being those cases where the employe
takes some conveyance belonging to
the employer without the knowledge
or consent of the latter.
Our reasoning is that if the en-
ployer undertakes to provide trans
portation to and from work, then
the hazard incident to such trans
portation is incident to the work,
and the trip both ways is "in course
of employment" even though not in
cluded in pay time. While there
may be some doubt in those cases
where the conveyance travels over
some route other than one wholly
upon the employers premises there
can be no question as to the correct
ness of the rule in all cases where
the trips are made wholly over the
employers premises as in the case
of workmen going to and returning
from work on logging trains owned
and operated by the employer over
his own right of way. This rule is
embodied in the express terms Of the
statute itself in the following pro-
visions:
"Workmen means every person in
this state, who is engaged in the en-
ployment of an employer coming I'M
der this act whether by way of man.
ual labor or otherwise, and whether
upon the premises or at the plant or,
he being in the course of his employ
ment, away from the plant of his
employer" (Sec. 6604-3, Rem. d
Bali
Each workman who shall be in
| iured whether upon the premises or
at the plant or, he being in the
course Of his employment, away from
the plant of his employer, or his
family or dependents in case of death
of the workman, shall receive out OF
the accident fund.- etc. (Sec. 66O4-5,
Rem. & BALI
The use of the clause che being
in the course of his employment"
with relation to accidents occurring
away from the plant or premises of
the employer, bears the necessary in
ference that all accidents to work
men while on the premises or at
the plant of the employer are COW
cred whether in course of employ
ment or not.
The supreme court of the State of
Washington, in affirming the right
of dependents to compensation in the
case of logging foreman who while
riding on a logging train, was shot
and killed by fanatic, said, with
relation to the provisions above
quoted;
OBVIOUSLY and clearly the quail
flying Gin the course of employment
does not apply to 'on the premises
Had that been intended, the arrange
ment was natural and easy. Thus
when the workman is injured in the
course of his employment either up
on the premises or away from the
ont ~
reason for the other peculiar order.
Nor did that order come of chance.
1t is precisely repeated, we have just
seen, in the definition of workman
Even the punctuation is most care
fully repeated there" (Stertz V. In
dustrial Insurance Commission, 81
Wash. 588.)
The decision cited by Mr.. Rourke,
namely, Baird V. Northern Pacific
Railroad, 70 Wash. g. is not in point
because it involved no construction
of the Workmen's Compensation Act,
and the language quoted was pure
dictum so far as the present ques-
ton is concerned. In any event the
decision from which we quote above
is subsequent to the Baird decision
and is the controlling authority.
SO in direct answer to your in
quiry, we hold under the act all
workmen who are regularly trans
ported to and from their work on
the employers equipment, from the
time when they take conveyance on
the way to work until they leave
conveyance on their return there
from.
Very truly yours,
INDUSTRIAL INSURANCE
COMMISSION
By Fred W. Llewellyn,