Home Aide Injury Outside Patient’s Home May Have Been Sustained in the Course of and Arising Out of Her Employment

Appellate Court Overturns Decision

The 2nd District Ohio Appellate Court recently overturned a trial court decision. This decision had barred workers’ compensation benefits for a home health aide. She was injured after slipping on ice outside a patient’s home.

In Kershner v. High Point Home Health Inc., the Court found a factual issue. This issue was whether the aide was within the scope of her employment when she sustained the injury.

Understanding Ohio Workers' Compensation

This issue frequently arises in Ohio workers’ compensation claims. For an employee to receive benefits after a work injury, it must be determined that the injury occurred in the course of and arising out of their employment.

The "Coming-and-Going" Rule

Generally, workers who travel to a single location for work, known as “fixed situs” employees, cannot receive workers’ compensation benefits for injuries sustained while traveling to and from the workplace. This is referred to as the “coming-and-going” rule.

For example, a factory worker involved in a motor vehicle accident during their morning commute would typically not be covered. The primary justifications for this rule are:

• The employer has little to no control over the circumstances of such an accident.
• The worker is not engaged in their employment duties at the time of the accident.

Unique Facts in the Kershner Case

The Kershner case presented a unique set of facts. The home health aide was about to enter her vehicle just outside the patient’s home when she fell.

Crucially, her employer required her to make a phone call after each visit to confirm completion. These calls were not to be made from inside the patients’ homes. Kershner testified that she routinely made such calls once she was in her vehicle.

Court's Decision on Employment Scope

The Court found that these circumstances presented a question for a jury. The jury would determine whether her injuries were sustained in the course of and arising out of her employment.

The 2nd District Ohio Appellate Court recently overturned a trial court decision barring workers’ compensation benefits to a home health aide who was injured after slipping on ice outside of a patient’s home.

To review a copy of the Court’s decision, click here:
http://www.sconet.state.oh.us/rod/docs/pdf/2/2013/2013-ohio-1370.pdf