April 2006 SBH Quarterly Newsletter
PDF FormatInjuries Occurring on Public Streets
By Karen Varney
When a worker is injured on a public street, the Board considers whether
the employer exercised control over the area. The cases are very fact
specific, and must be carefully evaluated.
In a recent Board case, employees commonly parked on a public street due to
insufficient parking on the employer’s premises. Claimant’s supervisor gave
him the option of parking on the street or in the parking lot. Claimant
parked on the street. After work, claimant was struck by a vehicle while
walking on the public street to his car.
Claimant’s injury did not arise out of and in the course of his employment
because the employer did not exercise control over the public street.
Although the employer requested the county post signs regarding congested
traffic, and the county did so, the employer could not require the county to
post signs, nor did it post the signs itself. Flyers that the employer
placed on cars suggested parking off the shoulder as far as possible were
recommendations, not requirements. Although the lack of parking on the
employer’s campus required claimant to park along the shoulder of the public
street, a lack of alternatives did not create employer “control” over the
road. John D. Thompson, 58 Van Natta 476 (2006).
<< Newsletter Page