Duhaime's Law Dictionary


Personal Trip Definition:

A trip which would have been made in spite of the failure or absence of the business purpose and would have been dropped in the event of failure of the private purpose, though the business errand remained undone.

In Ardis v Combine Insurance Company, the status of a trip was in issue for the purposes of workers' compensation coverage.

Justice Geathers of the Court of Appeals of South Carolina:

"[W]hen a trip serves both business and personal purposes, it is a personal trip if the trip would have been made in spite of the failure or absence of the business purpose and would have been dropped in the event of failure of the private purpose, though the business errand remained undone; it is a business trip if a trip of this kind would have been made in spite of the failure or absence of the private purpose, because the service to be performed for the employer would have caused the journey to be made by someone even if it had not coincided with the employee's personal journey.

"Combined concedes Ardis' trip to Marietta was for a business purpose. While Ardis may have engaged in some personal activities during the business trip, he traveled to Marietta solely for the benefit of his employer. In the absence of the business purpose, Ardis would not have made the trip at all....

"(Since) Ardis did not substantially deviate from this business purpose at the time of his death, we conclude the circuit court properly affirmed the Commission in finding Ardis' death occurred in the course and scope of his employment."

REFERENCES:

  • Ardis v. Combined Insurance Company, 669 SE 2d 628 (2008)

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