Tindell v. Insurance Company of North America

Shulman, Judge.

This appeal is from the judgment of the superior court reversing an award by the State Board of Workers’ Compensation in favor of claimant-appellant. We affirm.

1. The order awarding compensation reads in pertinent part as follows: "Normally an employee injured performing duties for the personal benefit of his employer is not entitled to compensation based on the employment relationship. [Cits.] However, it is clear by statute that an insurance company cannot assert such an exemption from coverage when a policy has been issued including such an employee. Code Section 114-607.”

Ins…