An employee assaulted while working at home cannot collectworkers' compensation because the attack did not have enoughconnection to her employment, Tennessee's highest court hasruled.

The unanimous decision by the Tennessee State Supreme Courtupheld an appeals court finding against Kristina Wait of EastNashville, Tenn., who was brutally beaten by an acquaintance fromher neighborhood.

Ms. Wait, a senior director for the American Cancer Society, hadworked from home for four years. On Sept. 3, 2004, she waspreparing lunch when a neighbor, Nathanial Sawyers, paid a briefvisit, then returned saying he had left his keys.

The court found that when Ms. Wait turned from the door, Mr.Sawyers followed her inside and beat her unconscious "withoutprovocation or explanation."

In 2005, Ms. Wait filed for injury benefits from TravelersIndemnity Company of Illinois, the insurer for her employer,claiming the assault arose out of and occurred in the course ofemployment. Her case was dismissed on a summary judgment.

The high court, in upholding the chancery court on Friday, foundthat Ms. Wait's injuries did not occur from an employment-connected"street" hazard, which would be compensable.

The facts do not show that Ms. Wait was attacked "because shewas identifiable as an ACS employee, or because she was performinga job duty, or because she was safeguarding ACS property," thecourt said in an opinion written by Chief Justice William M.Barker.

The plaintiff, the court said, was not advancing the interestsof the ACS when she let in Mr. Sawyers, and her employment "did notimpose any duty...to admit Sayers to her home."

While the court found the attack was a "neutral assault" notdistinctly associated with employment, it rejected arguments byTravelers that Ms. Wait's injury did not occur "in the course of"her employment."

The court said "we reject" such a narrow interpretation of theworker's comp law.

Wade Cowan, the attorney for Ms. Wait, said he never doubtedthat workers' comp covered home-office employees, "but this was thefirst time the [Tennessee Supreme] court has recognized it appliesto telecommuters and home office workers."

Mr. Cowan said he doubted the case would provoke any seriousamount of litigation, noting that home office workers are"typically not prone to serious injury."

He said Mr. Sawyers had been arrested and pled guilty toattempted murder.