The News You Need for June 1

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What Do You Think: Was Falling into Hole on Way to Car ‘In Course of Employment?’

Chris Parker

Kenner, LA (WorkersCompensation.com) – An employee who is done with her work day may not be done with her work day for workers’ compensation purposes. Just because she’s turned off her computer, rinsed out her coffee mug, and is headed for the parking lot doesn’t mean her injuries during that period are not compensable.

This is illustrated by a case involving a city clerical worker who left work one day and fell into a hole. The hole was on a pathway she used to walk to her car in the parking lot. Not to make light of the facts, because the claimant suffered severe injuries, but I find it’s usually preferable to fall into a hole before the workday starts.

The claimant sued the city for negligence, arguing it was liable for a dangerous condition on its premises. The city asked the court to dismiss the complaint on the basis that the claimant’s sole remedy was workers’ compensation.

The court explained that, with limited exceptions, an individual whose injury arises out of and occurs during the course of her employment may not sue the employer for negligence, but is limited to seeking workers’ compensation. This is known as the law’s “exclusivity provision.”

The claimant argued that her accident did not arise out of her employment because her fall was not associated with the nature of her clerical work. Further, the fall did not occur during the course of her employment because her work day had already ended when she fell.

Could the clerical worker sue city for negligence? A. No. She was just leaving work for the day and was still on the premises of her work place. B. Yes. While she was still considered to be at work, the city had an independent duty to her as a resident to protect her from dangerous conditions on its premises.

If you selected A, you agreed with the court in Favalora v. City of Kenner,  No. 23-CA-368 (La. Ct. App. 05/15/24), which held that the claimant’s injury was subject to the exclusivity provision.

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The appellate court pointed out that even if an employee has finished her day's work and is in the act of leaving, she is still considered to be acting within the course of employment for a reasonable period while still on the employer's premises. It agreed with the city that an office worker's duties include navigating the employer's premises to arrive at or depart from work.

Here, the court noted, the claimant was walking to her vehicle at the end of her work day with the city and thus was still within the course of employment. 

“Because [the claimant’s] injuries were sustained during the course of her employment, we find that her claim falls exclusively within the jurisdiction of the Office of Workers' Compensation,” the court wrote. 

The court affirmed the trial court’s ruling that the claimant was precluded from pursuing a negligence claim against the city.

Sponsored: Free WorkCompCollege “Empathy in Action” Webinar Announced 

Brandon, Florida (May 30th, 2024) – WorkCompCollege.com will host a free webinar to educate the worker’s compensation industry and stakeholders on the crucial importance of cultivating empathy in claims. Join the webinar on advocating for behavioral health in worker’s compensation claims and integrating it into return-to-work programs. Learn strategies to educate stakeholders, leverage nontraditional programs, and use community resources for mental health support. Let’s take concrete steps toward promoting behavioral health advocacy in worker’s compensation. 

Many industries face unique challenges when addressing the behavioral health and recovery of injured workers. Recognizing that there is no one-size-fits-all solution for overcoming these challenges is essential. Companies need options that prioritize the holistic recovery of individuals and minimize disruptions to daily operations. Injured workers can benefit from temporary light-duty assignments and access to resources addressing mental health issues. 

Focusing on empathy and whole-person recovery can help individuals recover more effectively and efficiently. Moreover, recognizing and supporting an individual’s abilities during the healing process can enhance their overall recovery. 

Todd Loomis Loomis, ReEmployAbility’s National Sales Manager, will lead the discussion and feature a panel of experts, including: 

• Les Kertay Dr. Les Kertay, Industry Consultant and Co-Dean at WorkCompCollege 
• Mollie Kallen Mollie Kallen, VP of Business Development for The IMA Group 

Panelists will discuss the impact of behavioral and mental health on recovery and worker’s compensation claims while communicating actionable steps for industry professionals. 

Kertay, Kallen, and Loomis will delve into the practicality of integrating various forms of behavioral health support for injured workers. They will share best practices and real-world examples and equip stakeholders with tangible strategies that can be immediately incorporated into their professional work, ensuring the webinar’s direct relevance to daily operations. 

The webinar “Empathy in Action,” featuring presentations from industry experts, is scheduled for Wednesday, June 26th, 2024, from 1 pm – 2 pm EST. This is a unique opportunity to gain valuable insights into the role of empathy and mental health advocacy in worker’s compensation claims. Seats are limited; don’t miss out! 

Registration link for the webinar is available on the WorkCompCollege website.