Court of Appeals of Ohio, Eighth District, Cuyahoga
PAMELA Q. FRANKLIN PLAINTIFF-APPELLANT
BHC SERVICES, INC., ET AL. DEFENDANTS-APPELLEES
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEY FOR APPELLANT Mitchell A. Stern
ATTORNEYS FOR APPELLEES Michael J. Reidy Nicholas W. Lanphear
Ross, Brittain & Schonberg Co., L.P.A.
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,
JOURNAL ENTRY AND OPINION
PATRICIA ANN BLACKMON, JUDGE
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
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
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.
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.
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
* * *
3. Employees that drive on company time must adhere to the
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
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 * * *.
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 ...