Employee wins appeal in parking lot injury case

0

An Ohio appeals court on Thursday issued a reversal and remand of an earlier judgment in which an employee was denied workers’ compensation after a fall in an employer-controlled parking lot upon arriving at work.

Shonda Hicks, a licensed claims adjuster with Safelite Group, has filed a claim with the Ohio Bureau of Workers’ Compensation for left hip and lower back injuries she claims she sustained during a a fall on the sidewalk entrance to the office, according to documents filed Hicks v Safelite Group, Inc.filed in the Ohio Court of Appeals, Tenth District of Franklin County, Ohio.

Ms Hicks’ claim was rejected three times by the commission before a trial court judgment was found against her. Ms Hicks appealed, arguing that the trial court erred in its summary judgment on two counts of violating the state’s come and go rule.

On appeal, Ms Hicks argued that she met “the totality of the circumstances making the exception to the comings and goings rule because she considered the lack of control and not the other factors in the exception”, the documents say.

In reversing, the Court of Appeal ruled “that as a matter of law, Ms Hicks was in the employment area when she slipped and fell in the car park adjacent to the office building rented by Safelite. Therefore, Ms. Hicks’ alleged injuries arose out of and in the course of her employment, and the trial court erred in determining that Hicks was not entitled to participate in the work,” the court documents state.

Share.

About Author

Comments are closed.