New Jersey: Casino’s Own Surveillance Video Defeats Employer’s “Going & Coming” Argument

In an unpublished decision, a New Jersey appellate court recently held that a casino’s security surveillance video supported the employee’s claim that at the time of a vehicular accident, in which she was injured, a small portion of her SUV was still on the employer’s property; her claim was accordingly not barred by the “going and coming” rule.  The video revealed that while the employee had begun her left turn from the entrance of the employer’s property to a busy thoroughfare, a portion of her rear bumper was still inside the property line.  The employer conceded that the employee’s bumper was still on its property; it pointed, however, to the impact point of the two vehicles, noting that the employee’s injuries occurred off the premises.  Applying what it termed, “common sense,” the appellate court held that the judge of compensation court did not err in finding that the employee’s injuries suffered were a result of her “firm attachment to her place of employment,” albeit while on her way home.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See Burdette v. Harrah’s Atlantic City, 2014 N.J. Super. Unpub. LEXIS 114 (Jan. 17, 2014) [2014 N.J. Super. Unpub. LEXIS 114 (Jan. 17, 2014)]

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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