An exterminator was seriously injured in an early morning motor vehicle accident in July 2020 while on his way to the shop to get supplies. He filed a workers' compensation claim, but his employer moved to dismiss, contending that the injuries "did not arise out of and in the course of employment." Credit: gguy/Adobe Stock An exterminator was seriously injured in an early morning motor vehicle accident in July 2020 while on his way to the shop to get supplies. He filed a workers’ compensation claim, but his employer moved to dismiss, contending that the injuries “did not arise out of and in the course of employment.” Credit: gguy/Adobe Stock

The New Jersey Supreme Court sided with an employee in a workers’ compensation appeal, finding that his car accident occurred “in the course of employment” under the state’s “authorized vehicle rule,” since he was conducting business expressly authorized by his employer.

Henry Keim was employed by Above All Termite & Pest Control as a salaried employee with a company vehicle he took home every night. Michael Zummo, the owner of Above All, instructed employees not to keep large quantities of pesticides and supplies in their vehicles. However, employees were expected to use their work vehicles to travel directly to the remote job site if they had enough supplies. If they needed supplies, the employees would go to Above All’s shop to restock, according to the opinion filed Nov. 21, 2023.

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