|Post by Anne Marie Hempy|
Stumble on Sidewalk While Leaving Work Not Compensable
Matute v. Palmetto Health Baptist
391 S.C. 291, 705 S.E.2d 472 (Ct. App. 2011)
Claimant worked as a housekeeper for a hospital. In March 2008, after completing her shift and clocking out, Claimant exited the hospital, turned the corner, and stumbled on the sidewalk, breaking her right wrist. The Single Commissioner found the injury compensable because it occurred “within a reasonable time and distance after [Claimant’s] shift ended.” However, the Appellate Panel reversed the decision, holding the injury did not fall within an exception to the “going and coming” rule. The Claimant appealed to the Court of Appeals.
The Court of Appeals reiterated the “going and coming” rule and agreed with the Appellate Panel. Specifically, the Court found (1) the hospital did not provide Claimant with transportation to and from work; (2) Claimant was not completing any duty or task for the hospital when she fell; (3) Claimant’s route out of the hospital was not the only means of exit and was not inherently dangerous; (4) Claimant elected not to use a crosswalk outside the hospital designed for pedestrians; (5) Claimant fell on a public sidewalk which was not owned, maintained or controlled by the hospital.