CONTINENTAL CASUALTY COMPANY v. Thompson , 130 Ga. App. 270 ( 1973 )

Hall, Presiding Judge,

concurring specially. Both "the Supreme Court and this court have laid down the rule that where the employee is free to use the time as he chooses so that it is personal to him, an injury occurring during this time arises out of his individual pursuit and not out of his employment.” Wilkie v. Travelers Ins. Co., 124 Ga. App. 714, 715 (185 SE2d 783). For example, "no one would contend that claimant would be covered while on a paid vacation directly provided for by the contract.” Id. The test is the employer’s right to control during the period under question. The mere paying of one hour’s travel pay would not in and of itself be relevant here since the employee would be free to use the time as he chose. However, since under the contract the employer had the right to furnish transportation to and from the jobsite outside of Glynn County in lieu of travel pay, it follows that the employer had the right to control if it saw fit.