Holliman v. Twister Drilling Co.

A. Todd Holliman worked as a Floor Hand on a four man crew for Twister Drilling Company (Employer) on a drilling rig. Holliman lived in Holdenville and the rig was located approximately forty miles away in Maud. Three crews worked eight hours each to service the well 24 hours a day, seven days a week. Employer had no housing at the drill site, therefore; employees were required to find transportation to and from the drill site. In May 2013, Holliman and his supervisor were traveling home from the drill site after completing their shift when they were involved in a double fatality car crash. Holliman's supervisor was killed as was the driver of the other vehicle. The car belonged to Holliman, but his supervisor was driving. Holliman was a passenger and was sleeping at the time of the collision. Holliman filed a Form 3 alleging he sustained a single-event injury to his neck, back, left arm, and psychological overlay arising from injuries sustained from the motor vehicle accident. In its Form 10 Answer, first filed on October 2, 2013, Employer admitted that Holliman was an employee but denied the injuries were compensable or work-related because Holliman was not engaged in the performance of his job duties when he was injured. The trial tribunal found that Holliman's injuries were compensable and work related and awarded benefits. The tribunal found that under the circumstances the accident came within the special task exception to the general going and coming rule. Employer appealed. A three-judge panel reversed the order finding that Holliman was not injured while performing unusual duties and therefore was not entitled to benefits. Holliman appealed and the Court of Civil Appeals (COCA) sustained the three-judge panel's denial of benefits finding that not only was Holliman not performing a special task, but there was no agreement between the crew members to share the travel pay. After review, the Supreme Court reversed, finding that Holliman's injury was a compensable injury under the travel exception to the going and coming rule. Therefore, Holliman was entitled to benefits. View "Holliman v. Twister Drilling Co." on Justia Law