Jackson Purchase Medical Assoc. v. Crossett, 2012-SC-000436-WC (Ky. 2013) (To be published). A worker traveling between a parking lot not owned by his employer and his place of employment may be compensated for an injury occurring on the trip.

Crossett parked her car in a space designated as employee parking and walked along a sidewalk which ran to the main entrance of the work complex.  Before reaching the main entrance, which would have taken her to her office, she slipped and fell on ice, injuring her ankle.  She filed a workers’ compensation claim and her employer denied it, arguing the injury did not occur on its operating premises pursuant to the going and coming rule. The ALJ disagreed and awarded benefits.  The Supreme Court affirmed the ALJ’s award of benefits.  Despite the fact the employer had no responsibility or direct control over the clearing of snow and ice from the parking lots or sidewalks surrounding the office complex, the Court held that it had sufficient control over the area by virtue of its lease with the owner of the parking premises and could have pressured the property owner to keep the area in a safe condition.  The Court further found Crossett was designated a parking area by her employer and she was walking from that designated area when she fell.  Therefore, she is entitled to compensation.

Advertisements