Kentucky: Fall on Snow-covered Sidewalk Outside Employer’s Premises Found Compensable

The Supreme Court of Kentucky, citing one of its earlier decisions that extensively quoted Larson’s Workers’ Compensation Law regarding the going and coming rule, recently affirmed a decision by an ALJ, the Board, and the state’s Court of Appeals that a medical billing associate sustained a compensable accident when she slipped and fell on some snow that had accumulated on a sidewalk outside the building where she worked.  The employer contended it had no control over the clearing of ice on the sidewalk and parking lots adjacent to its premises, that the sidewalk was not part of its premises, and that the claim was, therefore, barred by the going and coming rule.  The high court indicated the ALJ’s determination that the fall occurred with the employer’s “operating premises” was supported by competent evidence.  The high court held that claimant was entitled to compensation because (a) she had been walking from a parking area that had been designated for employee parking toward her place of employment when she suffered her injury, (b) the path between her car and her office was not “unreasonable,” and (c) the employer could have asserted some sort of control over the area.

Reported by Thomas A. Robinson, J.D.

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See Jackson Purchase Medical Assoc. v. Crossett, 2013 Ky. LEXIS 380 (Aug. 29, 2013) [2013 Ky. LEXIS 380 (Aug. 29, 2013)]

See generally Larson’s Workers’ Compensation Law, § 13.01 [13.01]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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