Workers' Compensation

Wisconsin: Maintenance Worker’s Slip and Fall on Driveway Ice Held Compensable

A Wisconsin appellate court recently affirmed a Commission decision to grant workers’ compensation coverage for injuries a worked sustained when he slipped on ice in his driveway. Quoting Larson’s Workers’ Compensation Law and agreeing with the worker that he had been injured while completing a “special errand,” the appellate court indicated that since the worker’s trip was an integral part of the service, he should enjoy “portal to portal” coverage.  Claimant, a county maintenance worker, had “pager duty” once in six weeks.  During that duty-time, he was required to report to the county’s maintenance building within 30 minutes of being paged.  On the evening he was injured, claimant was paged during a Winter storm, reported for duty, repaired a door at the county jail and returned home, slipping on ice in the driveway of his home as he began to reenter his house.  The court noted that there was no question of any deviation; the claimant was still on the “special errand” at the time of the injury.

Reported by Thomas A. Robinson, J.D.

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See County of Outagamie v. Labor & Indus. Review Comm’n, 2013 Wisc. App. LEXIS 624 (July 30, 2013)  [2013 Wisc. App. LEXIS 624 (July 30, 2013)]

See generally Larson’s Workers’ Compensation Law, § 14.05 [14.05]

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

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