“Bunkhouse Rule”
Pierre was hired as a seasonal worker by Seaside Farms on 6/5/03. The terms of the employment agreement provided that Pierre’s work week was Monday-Sunday, that Pierre’s hours on the job varied based on the weather conditions, and that Seaside Farms would provide housing and transportation for the workers at no charge. After Pierre signed the employment agreement on 6/5/03, he was taken to the housing facility provided by Seaside Farms. About an hour later, Pierre walked out of the housing facility, slipped on the sidewalk, and fractured his right ankle. The sidewalk was wet because another employee was using an outside sink that drained down the sidewalk. Pierre, who was later terminated by Seaside Farms, applied for workers’ compensation benefits.
The Hearing Commissioner determined Pierre had not sustained a compensable injury because he was not injured during the course and scope of his employment. The Hearing Commissioner specifically noted that Pierre was not required to live in the housing provided by Seaside Farms. Both the Full Commission and the Circuit Court affirmed the decision of the Hearing Commissioner. Pierre appealed to the Court of Appeals.
The Court of Appeals reversed, holding that Pierre sustained an accidental injury arising out of and in the course of his employment with Seaside Farms. In reaching its decision, the Court of Appeals adopted the “bunkhouse rule,” which provides that when an employee is required to live on the premises, either by his contract of employment or by the nature of his employment, and is continuously on call (whether or not actually on duty), the entire period of his presence on the premises pursuant to this requirement is deemed included in the course of employment. The Court of Appeals held that Pierre was required by the nature of his employment to live on-site near the Seaside Farms’ facility, as there was no reasonable alternative and virtually all of Seaside Farms’ employees lived in the housing provided by Seaside Farms.
