Home Aide Injury Outside Patient’s Home May Have Been 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. In Kershner v. High Point Home Health Inc., the Court found that there was a fact issue whether or not the aide was in the scope of her employment at the time she sustained the injury.

This issue is commonly presented in Ohio workers’ compensation claims. In order for an employee to receive workers’ compensation benefits following a work injury, it must be determined that the injury was sustained in the course of and arising out of his or her employment.

Generally, workers who travel to a singular location for work (i.e., “fixed situs” employees) cannot receive workers’ compensation benefits for injuries sustained when traveling to and from the workplace. This is known as the “coming-and-going” rule. An example of this would be where a factory worker gets in a motor vehicle accident during his morning commute. Two of the primary justifications for this is that the employer has little to no control over the circumstances of that type of accident and the worker is not engaged in his employment duties at the time.

The Kershner case presents a unique set of facts however. In that case, the home health aide was about to enter her vehicle just outside the patient’s home when she fell. Further, and most importantly, her employer requires her to make a phone call after each visit to confirm completion and such phone calls are not to be made from inside the patients’ homes. Kershner testified that she routinely makes such calls once she gets into her vehicle.

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

-Written by Andrew Tobergte