Sherilyn A. Bialecke, et al. v. Chattanooga Publishing Company, et al

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court findings of fact and conclusions of law. Kenneth Bialecke was killed in a car wreck while going to work early one morning. His widow and minor children sued his employer and its insurance carrier seeking workers' compensation death benefits. After hearing the proof presented at trial, the Chancellor dismissed the cause of action, finding that Mr. Bialecke's death did not arise out of and did not occur in the course of his employment, because the fatal accident occurred as the employee was on his way to his place of employment and, therefore, he had not yet begun his work day. After carefully reviewing the record and applicable authorities, we conclude that the Chancellor's judgment should be affirmed.