Tina Shannon v. Roane Medical Center

The employee, a surgical technician, worked full-time for the employer at a hospital. In addition to her regular hours, the employee worked on-call shifts on a rotating basis subject to specific rules and restrictions. During an on-call shift, the employee was required to return to the hospital during the early morning hours for emergency surgery. After leaving the hospital to drive home but while still subject to call, the employee was seriously injured in an automobile accident. The employee filed suit for workers’ compensation benefits. The trial court denied recovery, and the employee appealed. In accordance with Tennessee Supreme Court Rule 51, the appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. Because the evidence establishes that the employee falls within an exception to the “coming and going rule,” the judgment of the trial court is reversed and the case is remanded for an award of benefits.