Slip and Fall Claim for Group-Rated Homecare Company

In this case, the claimant slipped and fell on ice in our client's parking lot while walking from her car to the workplace. She suffered a fractured lumbar vertebra, which was complicated by long-standing pre-existing conditions. This combination rendered the claimant potentially permanently and totally disabled and, thus, the company faced substantial liability. Kegler Brown defended the claim utilizing the “going and coming rule,” which precludes compensation for injuries sustained while traveling to or from work. Our attorneys developed the evidence to demonstrate that claimant was not in the “zone of employment” at the time of her fall as the company did not own or maintain control over the lot in which she was injured. The Commission denied the claim and the claimant appealed into court where Kegler Brown assisted the company in obtaining summary judgment and avoiding a significant increase in its premiums.