Case Law Summaries

O’Connell v. Jersey City Board of Education

• Opinion Date: June 8, 2001
• Business Law
• E-Mail

WORKERS COMPENSATION; SPECIAL MISSIONS—An employee who, for her or his own personal convenience, chooses to hold a business meeting outside of the workplace, may not be eligible for the “special mission” exception under the Workers Compensation Act.

A teacher’s aide, was required to be interviewed by an outside investigator about a teacher at her school, refused to be interviewed without the presence of her bargaining unit’s attorney. Arrangements were made for her statement to be given at the attorney’s office on a school day. On the day of the interview, the schools were closed because of inclement weather and the teacher’s aide slipped on snow and ice while leaving her home to go to the attorney’s office. She sought worker’s compensation benefits. Normally, for the purpose of the Worker’s Compensation Act, “[e]mployment shall be deemed to commence when an employee arrives at the employer’s place of employment to report for work and shall terminate when the employee leaves the employer’s place of employment ... .” There is a “special mission” exception, which has two related elements. First, it requires that the employee be “required to be away from the conventional place of employment.” Second, it requires that the employee be “actually engaged in the direct performance of employment duties.” Here, the Court held that the teacher’s aide had not satisfied the first test, as she was not required by the school to give the statement away from the workplace. “The choice to do so was hers alone; and although that choice was respected, there is no basis for viewing it as the employer’s election.”

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