February 26, 2010
Did you know...?
Cook's Parking Lot Injury Denied Because Employer Lacked Control
Example of MO work comp case resulting in win for employer:
A cook's claim for a
slip-and-fall injury is not compensable because it occurred in a parking lot
that his employer did not control, a Missouri appeals court ruled.
Case: Hager v. Syberg's Westport and Treasurer of Missouri, No. ED93420,
2/23/10, published.
Facts: Michael Hager, a cook at Syberg's Eating and Drinking Co., clocked out
at 11:30 p.m. on December 2006 and left the restaurant. As he walked to his
vehicle, he slipped and fell on black ice, injuring his left ankle.
Hager filed a workers' compensation claim the next day. Several weeks later,
Hager underwent surgery to repair the ankle, which required a plate and seven
screws. The employer paid Hager $11,061 in medical benefits and $2,527 in
temporary total disability benefits.
Kirk Syberg, the co-owner of the restaurant, testified that his lease provided the landlord with exclusive control of the parking lot. He denied telling employees where to park, and said he merely suggested that employees park behind or on the side of the restaurant.
Procedural History: The
administrative law judge denied Hager's claim, determining it did not arise out
of and in the course of employment. The judge also concluded that the extended
premises doctrine did not apply.
The Labor and Industrial Relations Commission adopted the judge's findings and
affirmed. Hager appealed.
Analysis: At the Missouri Eastern District Court of Appeals, Hager argued that
his injury arose out of and in the course of employment (AOE/COE) because it
occurred either on a parking lot that was the employer's business premises, or
an extended premises which the employer controlled.
First, the appellate court explained that Hager's injury was not AOE/COE
because the injury could have happened anywhere, and therefore, the injury came
from a hazard or risk unrelated to his job.
Next, the court addressed Hager's arguments. It explained that in 2005, the
Legislature eliminated the extended premises doctrine "to the extent it
extends liability for accidents that occur on property not owned or controlled
by the employer even if the accident occurs on customary, approved, permitted,
usual or accepted routes used by the employee to get to and from (his) place of
employment."
The appellate judges determined
that they must "strictly construe" the statute, and determined that
the employer did not control the parking lot. The lease merely granted the
employer the right to use the parking lot, and therefore, the Legislature's
amendment barred Hager's claim.
Disposition: Affirmed.
Source: WorkCompCentral
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