Compensability for Injury that Occurred while Undergoing Pre-Employment Physical

Hamilton v. Kenco Logistics Services, LLC (Mar. 8, 2016)

The Workers’ Compensation Appeals Board in Tennessee recently affirmed the trial court’s finding that an employee’s injury that occurred while she was undergoing a pre-employment physical did not occur in the course and scope of her employment.

In this case, the employee was working for Kenco at the GSK facility in Knox County, Tennessee.  In 2014, the employee learned that another company, Genco, would be taking over the contract to operate the facility.  Genco offered Kenco employees the opportunity to stay on at the facility, if they met certain requirements.  One of the requirements was a pre-employment physical.

On January 30, 2015, the employee appeared for a pre-employment physical at an off-site medical facility.  She was still a Kenco employee at the time, but was not on the clock when she went for the physical.  During the course of the physical, the employee lifted a 50 pound box.  She reported suffering a lumbar injury.

Following the decision in Blankenship v. Am. Ordinance Sys., the Court held that several factors were used to determine whether the injury arose out of an in the course of employment, including (1) whether the test was voluntary; (2) whether the employee was compensated by the employer for taking the test, (3) whether the test was a condition of continued employment; and, (4) whether the injury resulted from a hazard peculiar to the employment.

Applying those factors, the Court held that the employee in this case underwent the physical exam for the purpose of working for a different employer (Genco), she was not compensated by her employer, Kenco, for attending the physical exam, the medical facility where the exam took place was not on Kenco’s premises, the physical did not further the business of Kenco, and she was not performing work for Kenco at the time of the physical.

For more information about Tennessee Workers’ Compensation, contact Katy Beth Carr at kbcarr@carrallison.com or Sean Martin at swmartin@carrallison.com.

News

Zwilling to Present Webinar on Ethical Duties When Resolving Claims Including Navigating Potential Conflicts

Course Description In today’s current litigation environment, most claims are appropriate for consideration of a potential settlement at some point.  This program will walk through the stages of litigation and how they will progress absent resolution.  The potential risks of nuclear verdicts will also be discussed.  The program will also […]

Swanson Obtains Summary Judgment

Stephen A. Swanson of our Chattanooga (TN) office secured summary judgment for a client in DeKalb County (GA). This was a premises liability case in which the plaintiff claimed she tripped and fell on overgrown kudzu in a movie theater parking lot. The court agreed with Stephen’s arguments on two […]

Thornton Elected to the USLAW Board of Directors

Carr Allison congratulates shareholder Thomas S. Thornton, III, of our Birmingham (AL) office on being elected to the 2026-27 USLAW Board of Directors, where he will be serving as Vice Chair.


US Law Network Inc EC Defense Network Professional Liability Attorney Network