Workers' Compensation for a Teacher Who Does School Work at Home
Is a Teacher Who Does School Work at Home Entitled to Workers' Compensation Benefits for Injuries Sustained While Travelling to School ?
In Industrial Commission v. Gintert (1934), 128 Ohio St. 129, 190 N.E. 400, 40 Ohio L. Rep. 646, the Ohio Supreme Court held that a teacher who essentially prepared lesson plans at home could not receive workers' compensation benefits for injuries sustained in an auto accident while traveling from home to the school.
In denying the claim, the court observed:
"If there can be a recovery under the facts in this record, then there could be a like recovery in the case of any employee employed in an office, bank, store, factory or other place of employment who carried home any books, papers, statements, etc., for any purpose at all connected with his duties, and sustained an injury while absent from the place of employment and while engaged in some act not in any wise connected with the duties of the employment." Id. at 133.
Allowing recovery on such a tenuous claim violates the fundamental principles associated with the workers' compensation laws. Id. at 133.