Summary
holding that workers' compensation covered an injury that occurred during an operating room nurse's break, where the nurse had no scheduled breaks, and could take breaks only when the operating room activities permitted
Summary of this case from Tyson v. Scottsdale Indem. Co.Opinion
52420.
ARGUED JULY 7, 1976.
DECIDED JULY 14, 1976.
Workmen's compensation. Muscogee Superior Court. Before Judge Smith.
Best Woodson, Richard W. Best, for appellants.
Owens, Littlejohn, Gower Pugh, F. Houser Pugh, for appellee.
While as to scheduled "lunch break" or "rest break" cases, both the Supreme Court of this State and this court have laid down the rule that in such instances when an employee has the free use of his time to do as he chooses, an injury occurring during this time arises out of his personal pursuit and not his employment ( Ocean Acc. c. Corp. v. Farr, 180 Ga. 266 ( 178 S.E. 728); Austin v. General Acc. Fire c. Corp., 56 Ga. App. 481 ( 193 S.E. 86); Aetna Cas. c. Co. v. Honea, 71 Ga. App. 569 ( 31 S.E.2d 421); Gay v. Aetna Cas. c. Co., 72 Ga. App. 122 ( 33 S.E.2d 109); Hanson v. Globe Indem. Co., 85 Ga. App. 179 ( 68 S.E.2d 179); McCord v. Employers Liab. Assur. Corp., 96 Ga. App. 35 ( 99 S.E.2d 327); Travelers Ins. Co. v. Mimbs, 120 Ga. App. 599 ( 171 S.E.2d 659); Wilkie v. Travelers Ins. Co., 124 Ga. App. 714 ( 185 S.E.2d 783)), yet where, as in the present case, there is evidence that the employee, a nurse, was on duty as an operating room nurse and there were no scheduled "rest room breaks" nor regular times which breaks were taken, but the nurses took such breaks only when the operating room activities were slack, and a nurse cannot leave the premises during such a break and is subject to being called to the operating room at any time, such evidence will support a workmen's compensation award for an injury occurring during such break. Edwards v. Liberty Mut. Ins. Co., 130 Ga. App. 23 ( 202 S.E.2d 208). It follows, therefore, that the judge of the superior court did not err in affirming an award of the board of workmen's compensation granting compensation to the nurse-claimant. The judgment of the superior court on appeal by the insurer and employer is affirmed.
Judgment affirmed. Marshall and McMurray, JJ., concur.