
ESTABLISHMENT OF “TRAVELING EMPLOYEE” DOCTRINE
In a recent decision, the Michigan Court of Appeals established the “traveling employee” doctrine as an exception to the general rule that injuries sustained by an employee while traveling to or from work are not compensable. Bowman v R.L. Coolsaet Construction Company, ____Mich App _____; _______ NW2d _______ (2006). Mr. Bowman was a journeyman pipefitter. He was assigned to work at a job located 200 miles from his home. Because of the distance, he arranged for temporary living arrangements in his trailer at a KOA Campground near the worksite. On one day, heavy rains forced work at the jobsite to cease early. As Mr. Bowman was driving his truck back to his trailer at the campground, he ran a stop sign and struck another vehicle. As a result, he sustained serious injuries, rendering him a paraplegic. The magistrate denied benefits on the basis that, under MCL 418.301(3), injuries sustained while going to or coming from work are not compensable. In a 2-1 decision, the Workers’ Compensation Appellate Commission affirmed the magistrate’s decision, declining to hold that Mr. Bowman was entitled to recover benefits under the “traveling employee” doctrine. The Court of Appeals reversed the magistrate and the Appellate Commission, adopting the “traveling employee” doctrine as an exception to the general rule that injuries sustained while going to or coming from work are not compensable. The Court of Appeals had previously adopted the “traveling employee” doctrine in the case of Eversman v Concrete Cutting & Breaking, 224 Mich App 221; 568 NW2nd 387 (1997), rev’d 463 Mich 86 (2000). However, the Michigan Supreme Court reversed the Court of Appeals’ decision on other grounds. The Court of Appeals re-adopted the “traveling employee” doctrine in the Bowman case. The “traveling employee” doctrine provides that employees who are traveling on a business trip are considered to be continuously within the scope of their employment for the duration of the business trip, except when a distinct departure on a personal errand is shown or when engaged in an activity, the major purpose of which is social or recreational (MCL 418.301 (3)).

