Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Franklin v. BHC Services, Inc.

Court of Appeals of Ohio, Eighth District, Cuyahoga

February 23, 2017

PAMELA Q. FRANKLIN PLAINTIFF-APPELLANT
v.
BHC SERVICES, INC., ET AL. DEFENDANTS-APPELLEES

         Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-15-849985

          ATTORNEY FOR APPELLANT Mitchell A. Stern

          ATTORNEYS FOR APPELLEES Michael J. Reidy Nicholas W. Lanphear Ross, Brittain & Schonberg Co., L.P.A.

          Bureau of Workers' Compensation Michael DeWine Ohio Attorney General Steven K. Aronoff Assistant Attorney General

          BEFORE: Blackmon, J., E.T. Gallagher, P.J., and Laster Mays, J.

          JOURNAL ENTRY AND OPINION

          PATRICIA ANN BLACKMON, JUDGE

         {¶1} Plaintiff Pamela Franklin ("Franklin") appeals from the order of the trial court awarding summary judgment to defendant BHC Services, Inc. ("BHC") in Franklin's action for workers' compensation benefits for injuries sustained en route to a home health aide assignment. Franklin assigns the following error for our review:

The trial court erred by granting [Franklin's] motion for summary judgment by finding that her injuries did not arise out of her employment and the coming-and-going rule bars her claim.

         {¶2} Having reviewed the record and pertinent law, we reverse the trial court's decision and remand for further proceedings consistent with this opinion. The apposite facts follow.

         {¶3} On June 21, 2002, BHC hired Franklin as a home health aide. The duties of home health aides require them to travel to the homes of various clients and assist the clients with hygiene, housekeeping, and meal preparation. All work is performed at the home of the client and BHC does not provide the aides with an office. BHC pays home health aides only for the work performed after reaching the client's home. The aides' work schedules may require taking care of multiple clients in a single day.

         {¶4} BHC requires the aides "to provide their own transportation to and from patient houses." BHC does not pay for travel time, but does reimburse "[e]mployees that drive for company purposes" for use of "their personal vehicle during company business." In relevant part, the reimbursement policy states:

1. Direct Care Staff are required to provide their own transportation to and from patient homes, and are informed of this requirement during the interview process, and again during orientation.
* * *
3. Employees that drive on company time must adhere to the following requirements:
c. While on company business, employees may only carry passengers in the vehicle who are also on business with them. No friends, relatives or children can be in the vehicle while driving on company business - no exceptions.
* * *
5. * * * The following conditions apply to mileage reimbursement:
a. Mileage reimbursement is only calculated from the employee's first visit to the last visit of the day.
b. Transportation to and from work is consider[ed] a work commute and therefore not considered work time * * *.

         {¶5} On January 23, 2014, BHC scheduled Franklin to work for two different clients, one of whom lives "between East 89th St. and East 93rd Street, "and the other lives in Cleveland Heights. Franklin was required to work for the first client from 9:00 a.m. until noon, and the second client from 1:30 p.m. until 3:30 p.m. Franklin reported to the home of the first client and worked for three hours, billing the client until noon. At approximately 12:11 p.m., she was involved in a motor vehicle accident at the intersection of East 105th Street and Carnegie Avenue, and sustained injuries to her ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.