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Perry v. State2/3/1998
September Term 1997
In a reported opinion, 296 N.J. Super. 158 (1996), the Appellate Division reversed the judgment of the Division of Workers' Compensation that awarded benefits to petitioner, Trooper Patricia Perry, and remanded the matter to the Division for dismissal of the petition. Based on the record presented to the Appellate Division, we agree with its Disposition and are substantially in accord with the reasoning on which its Disposition was premised:
Although petitioner was required to use an employer-authorized vehicle, she was engaged in her daily commute to work and was not directed by her employer to report to a distant job site. Nor was she . . . conducting business authorized by her employer at the time of her injury. The record simply will not support a finding of "special-mission." Therefore, given the legislative intent to amend the "going and coming" rule to allow compensation only in certain specified instances, we conclude petitioner is not entitled to benefits and direct the dismissal of the claim petition.
[Id. at 164.]
While Trooper Perry's appeal was pending before this Court, the State moved for and was granted leave to supplement the record with the certification of William J. Brennan, State Claims Manager, and Circular Letter No. 93-04-GSA, in order to set forth the policy of the State concerning Workers' Compensation coverage for employees assigned State vehicles and the rationale for that policy. The State also was granted leave to file a supplemental brief. The following excerpt from the Brennan certification summarizes the relevant State policy and its underlying rationale:
10. While the State of New Jersey recognizes that the use of a State vehicle by a State employee to travel between his residence and his official work station constitutes a benefit to the State employee, that benefit is considered as incidental to the benefit to the State employer, which requires that the State employee be able to travel to any part of the State at a moment's notice.
11. Because a State employee's use of a State vehicle, even to travel between the State employee's residence and his official work station, is viewed by the State as being primarily for the benefit of the employer, namely the State of New Jersey, the State has always considered State employees who are injured while driving State vehicles between their residences and their official work stations to be on "official state business" and therefore covered for orker's ompensation benefits.
12. Historically, the State of New Jersey has provided and continues to provide, orker's ompensation benefits to all State employees who are authorized to use State vehicles and who are injured while operating such vehicles to travel between their residences and their official work stations.
13. The State of New Jersey has no obligation to insure its motor vehicles, Ross v. Transport of New Jersey, 114 N.J. 132 (1989), and does not voluntarily insure them. In return for State employees giving up the flexibility of using their own vehicles and the insurance coverage they have on those vehicles, which includes PIP, the State determined to provide orkers['] ompensation benefits, including medical benefits, to employees who are injured when driving State cars on official business, including commuting. The State similarly provides defense and indemnification to State employees involved in accidents while driving State vehicles on authorized business, including commutation. These coverages are provided out of a sense of fairness and, as to the tort concerns, because refusing coverage would require State employees driving State cars to look to their pers
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