Fortney v. Airtran Airways, Inc.

OPINION OF THE COURT

An Administrative Law Judge (ALJ) determined that Clarence Fortney’s death in an airplane accident was not work-related because it occurred while he was traveling from his home to the city where he was based and failed to come within the “service to the employer,” “employer operating premises/conveyance,” or “positional risk” exception to the going and coming rule. The Workers’ Compensation Board reversed, however, convinced that the evidence compelled a favorable finding. Sarah King Fortney, Clarence Fortney’s widow and also the administratrix of his estate and guardian…