653 So. 2d 842 - Hebert v. Jeffrey’s Empirical Analysis

Citation profile

8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As a general rule, accidents which occur while an employee is travelling(sic) to and from work are not considered as having-occurred during the course of employment and are therefore not compensable. This rule is premised on the theory that ordinarily the employment relationship is suspended from the time the employee leaves his work to go home until he resumes his work. However, this rule has been subject to a number of jurisprudentially established exceptions. For example, the following exceptions have arisen: 1) If the accident happened on the employer’s premises; 2) If the employee was deemed to have been on a specific mission for thé employer, such as making a trip in the interest of his employer’s business or pursuant to his employer’s order; 3) If the employer had interested himself in the transportation of the employee as an incident to the employment agreement either by contractually providing transportation or reimbursing the employee for his travel; 4) If the employee was doing work for his employer under circumstances where the employer’s consent could be fairly implied; 5) If the employee was travelling from one work site to another; 6) If the employee was injured in an area immediately adjacent to his place of employment and that area contained a distinct travel risk to the employee, also known as the threshold doctrine; and, 7) If the operation of a motor vehicle was the performance of one of the duties of the employment of the employee. (Emphasis added)”

   2 later decisions quote this exact passage
   e.g. White v. St. Paul Fire & Marine Insurance Co. · 729 So. 2d 1160 - Lorraine v. Nolty J. Theriot, Inc.

2. “Whatever the manner in which the employer might have interested himself in the transportation of the employee, the transportation must be an incident of the contract of hiring. The fact that the employer occasionally provides transportation to accommodate an employee is not enough to bring the situation within the exception to the general rule that trips to and from the place of work are outside the course of employment. This distinction between transportation furnished as an occasional convenience and transportation supplied as a part of the employer's undertaking has given rise to much confusion. In view of the informal character of hiring agreements, the undertaking to provide transportation must usually be implied from the circumstances. For this reason, the fact that there is a prevailing practice of carrying employees back and forth is important, and the fact that such trips have been made only infrequently or irregularly has been regarded as an indication that the arrangement is one of accommodation only. [Footnotes omitted.]”

   1 later decision quote this exact passage
   e.g. 665 So. 2d 672 - Tucker v. Northeast Louisiana Tree Service

3. “We find that Granier gratuitously offered to drive the other Petrin employees to the jobsite. It was an unplanned offer, the acceptance of which was not required by Petrin of its employees. Furthermore, Hebert was not paid for his travel time on that day. This incidental occasion on which transportation was provided to Hebert was insufficient to place Hebert in the course and scope of his employment at the time of the accident.”

   1 later decision quote this exact passage
   e.g. 665 So. 2d 672 - Tucker v. Northeast Louisiana Tree Service