Mayor & Aldermen of Savannah v. Stevens, 598 S.E.2d 456 (Ga. 2004). · Go Syfert
Mayor & Aldermen of Savannah v. Stevens, 598 S.E.2d 456 (Ga. 2004). Cases Citing This Book View Copy Cite
108 citation events (108 in the last 25 years) across 4 distinct courts.
Strongest positive: Baker v. Wal-Mart Stores East, LP (gasd, 2022-08-04)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Baker v. Wal-Mart Stores East, LP
S.D. Ga. · 2022 · quote attribution · 1 verbatim quote · confidence high
the test presents two independent and distinct criteria, and an injury is not compensable unless it satisfies both.
discussed Cited as authority (verbatim quote) Baker v. Wal-Mart Stores East, LP
S.D. Ga. · 2021 · quote attribution · 1 verbatim quote · confidence high
the test presents two independent and distinct criteria, and an injury is not compensable unless it satisfies both.
discussed Cited as authority (rule) LOKIN CROOK v. SIX FLAGS OVER GEORGIA II, L.P.
Ga. Ct. App. · 2026 · confidence medium
The test presents two independent and distinct criteria, and an injury is not compensable unless it satisfies both.” Mayor & Aldermen of Savannah v. Stevens, 278 Ga. 166, 166 (1) ( 598 SE2d 456 ) (2004) (citations omitted); Kil v. Legend Brothers, LLC, 350 Ga. App. 680, 681 ( 830 SE2d 245 ) (2019) (same).
cited Cited as authority (rule) Barrett v. Reeves Construction Company
S.D. Ga. · 2025 · confidence medium
An injury is encompassed by the GWCA “if it arises out of and in the course of the employment.” Mayor & Aldermen of Savannah v. Stevens, 598 S.E.2d 456, 457 (Ga. 2004).
discussed Cited as authority (rule) BRADFORD ROUNDS v. HALL COUNTY
Ga. Ct. App. · 2023 · confidence medium
In advancing their argument that the plan freeze should be considered a termination, Plaintiffs rely on the rule that “pension Acts must be liberally construed in favor of the rights of the pensioner.” Bd. of 15 Trustees of Policemen’s Pension Fund of Atlanta v. Christy, 246 Ga. 553, 555 (1) ( 272 SE2d 288 ) (1980), overruled on other grounds by Mayor & Aldermen of Savannah v. Stevens, 278 Ga. 166, 167 (2) ( 598 SE2d 456 ) (2004).
examined Cited as authority (rule) FRETT v. STATE FARM EMPLOYEE WORKERS' COMPENSATION (7×) also: Cited "see", Cited "see, e.g."
Ga. · 2020 · confidence medium
It cannot be said that this injury was unrelated to his work or that the “hazards [he] encountered were in no way occasioned by [his] job.” Stevens, 278 Ga. at 167 (2).
cited Cited as authority (rule) Michael Smith, as Administrator of the Estate of Fabiola Zavaleta-Ramirez v. Jamie Camarena
Ga. Ct. App. · 2019 · confidence medium
Mayor & Aldermen of Savannah, 278 Ga. at 166 (1).
discussed Cited as authority (rule) Jay Kil v. Legend Brothers, LLC
Ga. Ct. App. · 2019 · confidence medium
The test presents two independent and distinct criteria, and an injury is not compensable unless it satisfies both.” (Citations omitted.) Mayor & Alderman of Savannah v. Stevens, 278 Ga. 166, 166 (1) ( 598 SE2d 456 ) (2004).
cited Cited as authority (rule) Daniel v. Bremen-Bowdon Investment Co.
Ga. Ct. App. · 2019 · confidence medium
Mayor &c. of Savannah v. Stevens, 278 Ga. 166, 166 (1) ( 598 SE2d 456 ) (2004).
cited Cited as authority (rule) Sheryl Daniel v. Bremen-Bowdon Investment, Co.
Ga. Ct. App. · 2019 · confidence medium
Mayor &c. of Savannah v. Stevens, 278 Ga. 166, 166 (1) ( 598 SE2d 456 ) (2004).
discussed Cited as authority (rule) The Avrett Plumbing Co. v. Marlon Castillo
Ga. Ct. App. · 2017 · confidence medium
Although the general rule is that an injury sustained while an employee is going to and from his place of employment does not arise from the course and scope of his employment, there is an exception to this general rule known as the “continuous employment doctrine.” Stevens, supra, 278 Ga. at 166-167 (1).
examined Cited as authority (rule) Medical Center, Inc. v. Hernandez (5×)
Ga. Ct. App. · 2012 · confidence medium
“An injury arises in the course of certain employment if the employee is engaged in that employment at the time the injury occurs.” (Citations omitted.) Mayor and Aldermen ofthe City of Savannah v. Stevens, 278 Ga. 166, 166-167 (1) ( 598 SE2d 456 ) (2004).
discussed Cited as authority (rule) The Medical Center, Inc. v. Celvin Hernandez (2×)
Ga. Ct. App. · 2012 · confidence medium
“An injury arises in the course of certain employment if the employee is engaged in that employment at the time the injury occurs.” (Citations omitted.) Mayor &c. of Savannah v. Stevens, 278 Ga. 166, 166-167 (1) ( 598 SE2d 456 ) (2004). 3 “In general, collisions occurring while employees are traveling to and from work do not arise out of and in the course of employment.” (Citation omitted.) Stevenson v. Ray, 282 Ga. App. 652, 654 ( 640 SE2d 340 ) (2006).
examined Cited as authority (rule) Ray Bell Construction Co. v. King (6×) also: Cited "see, e.g."
Ga. · 2007 · confidence medium
"An injury arises out of certain employment when it results from exposure occasioned by the nature of the employment, or where there is a causal connection between the conditions under which the work is required to be performed and the resulting injury." (Punctuation omitted.) Stevens, supra 278 Ga. at 167 (2), 598 S.E.2d 456 .
examined Cited as authority (rule) Stevenson v. Ray (7×) also: Cited "see", Cited "see, e.g."
Ga. Ct. App. · 2006 · confidence medium
See Dickey v. Harden, 202 Ga. App. 645, 646 ( 414 SE2d 924 ) (1992). 4 Connell v. Head, 253 Ga. App. 443, 444 ( 559 SE2d 73 ) (2002). 5 It is undisputed that Stevenson was engaged in his employment at the time of the collision and that his actions arose out of his employment as a police officer. 6 See Mayor &c. of Savannah v. Stevens, 278 Ga. 166 (1) ( 598 SE2d 456 ) (2004). 7 See id. at 166-167 . 8 Id. at 167 ; see also Barge v. City of College Park, 148 Ga. App. 480, 482 (1) ( 251 SE2d 580 ) (1978). 9 See Mayor &c. of Savannah, supra. 10 See Gilbert v. Richardson, 264 Ga. 744, 753 (6) ( 452 …
cited Cited as authority (rule) Colonial Life & Accident Insurance v. Heveder
Ga. Ct. App. · 2005 · confidence medium
Bd. of Trustees &c. v. Christy, 246 Ga. 553, 554 (1) ( 272 SE2d 288 ) (1980), overruled in part on other grounds, Mayor &c. of Savannah v. Stevens, 278 Ga. 166,167 ( 598 SE2d 456 ) (2004).
examined Cited "see" Adams v. State Farm Mutual Automobile Insurance Co. (4×)
Ga. Ct. App. · 2009 · signal: see · confidence high
See Bd. of Trustees, etc., v. Christy, 246 Ga. 553, 554 (1), 272 S.E.2d 288 (1980), overruled in part on other grounds, Mayor etc. of Savannah v. Stevens, *728 278 Ga. 166, 167-168 (2), 598 S.E.2d 456 (2004).
discussed Cited "see" Harris v. Peach County Board of Commissioners (2×)
Ga. Ct. App. · 2009 · signal: see · confidence high
See Court of Appeals Rule 26. 2 The superior court stated, incorrectly, that Harris’s “physician opined that the sole cause of her injury was her weight, and the ALJ adopted that conclusion.” (Emphasis supplied.) 3 See Mayor &c. of Savannah v. Stevens, 278 Ga. 166 (1) ( 598 SE2d 456 ) (2004) (these are separate and distinct criteria, and an injury is not compensable unless it satisfies both). 4 See also Phillips Correctional Institute v. Yarbrough, 248 Ga. App. 693, 695 ( 548 SE2d 424 ) (2001) (“It is well settled that work need be only a contributing factor to a heart injury in order …
Retrieving the full opinion text from the archive…
Mayor and Aldermen of the City of Savannah
v.
Stevens
S03G1536.
Supreme Court of Georgia.
Jun 7, 2004.
598 S.E.2d 456
James B. Blackburn, Oliver, Maner & Gray, Patrick T. O’Connor, Patricia T. Paul, for appellant., Karsman, Brooks & Callaway, Timothy F. Callaway III, Harris O’Dell, Jr., for appellee.
Fletcher.
Cited by 35 opinions  |  Published
Fletcher, Chief Justice.

We granted certiorari to determine whether the Court of Appeals correctly held that the injuries suffered by police officer Eunita Stevens in a car accident while on her way to work arose out of and in the course of her employment. [1] Because Stevens’ injuries were in no way related to her duties as a police officer, they did not arise out of her employment. Therefore, we reverse.

Prior to the accident on November 30, 1999, Stevens worked as an administrative corporal in the Savannah Police Department. The accident occurred as Stevens was driving to work in her personal car and wearing her police uniform. The Administrative Law Judge found that the accident arose out of and in the course of Stevens’ employment because, according to the policies of the Savannah Police Department, “she was subject to be called to duty 24 hours per day and was expected to preserve the peace and enforce the law even when off duty.” The ALJ Appellate Division, Superior Court, and Court of Appeals all affirmed, finding the decision to be supported by some evidence. That decision, however, unjustifiably extends the scope of a public employer’s liability for employee injuries under established workers’ compensation law. It would require workers’ compensation liability to issue any time an off-duty, uniformed police officer were injured within the city or county limits where they are charged with enforcing the law, no matter whether the injury in any way arose out of the officer’s employment.

1. Generally, an injury is compensable only if it arises out of and in the course of the employment. [2] The test presents two independent and distinct criteria, and an injury is not compensable unless it satisfies both. [3]

An injury arises in the course of certain employment if the employee is engaged in that employment at the time the injury occurs. [4] Generally, “a workman injured while going to or from his[*167] place of work is not in the course of his employment.” [5] The unique role of police officers, however, will sometimes require a departure from this general rule. In Barge v. City of College Park, the Court of Appeals ruled that police officers would be considered within the course of their employment when they are “on duty or on call, that is, subject to duty.” [6] This exception to the general rule, known as the continuous employment doctrine, recognizes that police officers are often called to enforce the law at any time within their jurisdiction, regardless of whether or not they are actually on-duty at the time.

Although Stevens was off-duty at the time of the accident, Savannah’s policy required that Stevens enforce the law at any time while she was within the Savannah City limits. Accordingly, under the doctrine of continuous employment, Stevens’ injury arose in the course of her employment.

2. An injury arises out of certain employment when it results from exposure occasioned by the nature of the employment, or where there is a “ ‘causal connection between the conditions under which the work is required to be performed and the resulting injury.’ ” [7] An injury does not arise out of the employment if it was caused by a “ ‘hazard to which the workfer] would have been equally exposed apart from the employment.’ ” [8] Where the injury does not “ ‘arise out of’ the employment, the [Workers’ Compensation] Act is not applicable regardless whether the injury ... occurred ‘in the course’ of the employment.” [9]

Stevens’ car accident in this case was in no way related to her work as a police officer. At the time of the accident, she was not actively engaged in any police work nor was she responding to a law enforcement problem. The hazards she encountered were in no way occasioned by her job as a police officer. Because there was no causal connection between her employment and her accident, Stevens’ injuries did not arise out of her employment.

In Board of Trustees of the Policemen’s Pension Fund of Atlanta v. Christy, [10] this Court found that a police officer’s injury, which occurred while he was riding home on a police motorcycle, met the requirements of the Workers’ Compensation Act. The opinion fails, however, to distinguish between injuries “arising out of’ employment and those incurred “in the course of’ employment, both of which are required for recovery. Because Christy was on a police motorcycle and[*168] was thereby providing a benefit to his employer, he could be considered within the course of his employment at the time of the accident. [11] Because, however, there is no indication that his injury arose out of his employment, this Court erred when it found his injuries to be compensable. Accordingly, that case is hereby overruled to the extent it is inconsistent with this opinion.

Decided June 7, 2004 Reconsideration denied July 12, 2004. James B. Blackburn, Oliver, Maner & Gray, Patrick T. O’Connor, Patricia T. Paul, for appellant. Karsman, Brooks & Callaway, Timothy F. Callaway III, Harris O’Dell, Jr., for appellee.

Judgment reversed.

All the Justices concur.
1

Mayor and Aldermen of the City of Savannah v. Stevens, 261 Ga.App. 694 (583 SE2d 553) (2003).

2

OCGA§ 34-9-1 (4) (“ ‘Injury or‘personal injury’means only injury by accident arising out of and in the course of the employment.”); Blue Bell Globe Mfg. Co. v. Baird, 61 Ga. App. 298, 299 (6 SE2d 83) (1939).

3

New Amsterdam Cas. Co. v. Sumrell, 30 Ga. App. 682, 688-689 (118 SE 786) (1923); American Hardware Mut. Ins. Co. v. Burt, 103 Ga. App. 811 (120 SE2d 797) (1961).

4

New Amsterdam Cas. Co., 30 Ga. App. at 688; United States Fid. & Guar. Co. v. Hamlin, 98 Ga. App. 167 (105 SE2d 481) (1958).

5

Wilcox v. Shepherd Lumber Corp., 80 Ga. App. 71 (55 SE2d 382) (1949).

7

SCI Liquidating Corp. v. Hartford Fire Ins. Co., 272 Ga. 293, 294 (526 SE2d 555) (2000).

8

New Amsterdam Cas. Co., 30 Ga. App. at 688.

9

Garrett v. K-Mart Corp., 197 Ga. App. 374, 375 (398 SE2d 302) (1990).

11

See American Mut. &c. Ins. Co. v. Curry, 187 Ga. 342, 353 (200 SE 150) (1938).