Workers’ Compensation for off Premises Injury, Again

On October 17, 2012, the Oregon Court of Appeals issued another decision addressing compensation for an employee injury that occurred while the employee was on break.  This time, the employee hurt her knee in the parking lot when walking from a designated smoking area (on public property) back to work.  The employer’s claims representative denied coverage because the injury did not occur “in the course of” employment.  The administrative law judge (ALJ) set aside the denial, and the employer appealed.  The Court of Appeals reversed the ALJ, and remanded the case because the ALJ failed to properly apply the “going and coming rule” and its exceptions when it found that the employee’s injury was “in the course of” the employee’s employment.   http://www.publications.ojd.state.or.us/docs/A146596.pdf

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