TX Drug Rep Wins Worker’s Comp Appeal

December 9, 2010 (PLANSPONSOR.com) – The Texas Supreme Court has ruled that a worker injured in a car accident is entitled to worker’s compensation coverage.

Justice Nathan L. Hecht, writing for the high court, said plaintiff Liana Leordeanu, a drug sales rep, was acting in the scope of her employment when driving to a drug sample storage unit after a dinner with clients. While enroute to the storage unit, Leordeanu drove a company car off a highway, receiving serious injuries.

Leordeanu typically worked at home, but kept her drug samples in a company-provided storage unit next to her apartment, according to the opinion.

American Protection Insurance Co. denied her worker’s comp claim. Leordeanu won at the trial court level in her subsequent lawsuit, but that decision was later overturned by a state appellate court.

After ruling in Leordeanu’s favor, the state’s high court reversed the appellate court’s holding but affirmed the trial court decision for Leordeanu.

The latest ruling is at http://www.supreme.courts.state.tx.us/historical/2010/dec/090330.pdf.