Court ruling favors estate

Staff report

YOUNGSTOWN

The 7th District Court of Appeals has ruled that the estate of a Perkins Restaurant associate manager is entitled to workers’ compensation death benefits.

The court made the ruling concerning the estate of William H. Wining, 56, of Boardman, who died Jan. 6, 2008, saying Wining’s estate is entitled to the benefits because he was fatally injured in an auto accident while performing an important special mission for his employer on a night when he wasn’t scheduled to work.

The crash occurred when Wining was en route to deliver a shared set of keys needed to lock up the Canfield restaurant at closing time.

Normally, the appellate court noted that an employee, such as Wining, who had a fixed-work site, would not qualify for workers’ compensation benefits for injuries suffered while routinely commuting to or from work.

The ruling upheld a ruling by Judge R. Scott Krichbaum and Magistrate Timothy G. Welsh of Mahoning County Common Pleas Court.