Virginia Applequist (Applequist) worked as Pearl River Resort’s (PRR) “off-property director of player development,” working from home and traveling to different areas of Alabama where she gathered information on different gaming centers, such as bingo halls.

On January 23, 2010, she was returning from a trip where she had surveyed several bingo halls. She was a passenger in a car owned and driven by her sister when they were both injured after striking a 400 lb. wild hog that was on the roadway. Applequist was hospitalized, during which she reported the accident to PRR. She was in a back brace for 90 days, but she was able to continue working from home, using phone and email, as she recovered. She later filed a workers compensation claim.

PRR and its workers compensation insurer disputed the claim which was reviewed by the Workers Compensation Commission (Commission). After the commission awarded benefits, PRR and its work comp insurer appealed the decision.

PRR and its insurer argued that the circumstances, in which Applequist and her sister, returning from a casino at 4 a.m., appeared to be a “jaunt.” Therefore, their opinion was that the accident involved personal activity.

The court acknowledged that it was rare that it was asked to oversee the decisions of the Commission. It kept its review to determining whether the commission properly decided on whether Applequist’s claim involved work.

The court re-examined the same information viewed by the commission, including the information on Applequist’s undisputed duties which included survey and researching gaming facilities in areas that may have impact on PRR’s customer base. Records indicated that the commission took note of Applequist’s rationale on when she made the claim (after receiving notice that her medical insurance rejected parts of her medical expenses), why she hadn’t made travel expense reimbursement request for the trip where the accident occurred (she was operating on a pre-travel advance agreement that was verified by email communication) and why she was traveling with her sister (Applequist was new to area and sister was familiar with area. Further, Applequist was still taking prescriptions that could affect her safely driving).

In light of the available information, the court decided that the commission properly viewed the accident as having occurred while involved in work-related travel. The commission’s finding in favor of awarding benefits to Applequist was affirmed.

Choctaw Resort Development Enterprise and National Union Fire Insurance Co. of Pittsburgh, PA, Appellants v. Virginia D. Applequist, Appellee. Mississippi CtApp No. 2014-WC-00969-COA. Filed April 21, 2015 Affirmed. Westlaw 161 So. 3d 1134.