Injury Cases: Parking Lot (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Injury: Parking Lot

Select the case name to read the decision on the Ohio Supreme Court’s web site. For other issues, see our topic index to Ohio workers’ compensation decisions.

Burkey v. Elyria Maintenance Co. (3/9/05)

Where no evidence demonstrates that worker’s murder was due to personal attack, worker’s dependents may be entitled to participate in workers’ compensation fund for murder in employer’s parking lot.

Vote: 3-0
Opinion by: Judge Baird
Appellate District: 9

Caponi v. Convention & Visitor’s Bur. of Cleveland (4/17/03)

Summary judgment was improperly granted against claim of worker who was injured by fall in parking lot after meeting in bar which she believed was required to discuss business because it was possible that the worker could establish facts demonstrating that her injury was in the course of, and arising out of, her employment.

Vote: 2-1
Opinion by: Judge Kilbane
Appellate District: 8

Castaneda v. AE Outfitters Retail Co. (10/20/04)

Worker struck in parking lot not entitled to participate where evidence demonstrated that employer did not maintain or control parking lot, and employees did not have assigned parking spots.

Vote: 3-0
Opinion by: Judge Boyle
Appellate District: 9

Foster v. Bur. of Workers’ Comp. (9/20/13)

Trial court properly granted summary judgment against employee injured when she fell on ice in parking area not owned, maintained, or controlled by the employer.

Vote: 3-0
Opinion by: Judge Hall
Appellate District:
2

Hirschle v. Mabe (4/17/09)

Injury in employer’s parking lot compensable even though employee had not been working before injury, but had gone to pick up paycheck from employer.

Vote: 3-0
Opinion by: Judge Brogan
Appellate District: 2

Janicki v. Kforce.com (6/30/06)

Worker injured when crossing street to employer-provided parking lot was injured in the zone of employment.

Vote: 3-0
Opinion by: Judge Wolff
Appellate District: 2

Jesse v. The May Department Store Co. (9/30/04)

Employee injured in mall parking lot entitled to participate for injury when she fell in parking lot where employer leased parking lot and exercised control over where employee parked.

Vote: 2-1
Opinion by: Judge O’Neill
Appellate District: 11

Kilbane v. Lutheran Hosp.-Cleveland Clinic (4/16/15)

Injury to nurse walking to parking lot while carrying bag containing clothing and shoes required for her employment, which was caused by wind pulling bag and causing her to fall, occurred in the course of, and arising out of, employment.

Vote: 3-0
Opinion by: Judge Mays
Appellate District: 8

Shafer v. Tri-Arch 14, Inc. (6/9/05)

Employee injured while crossing street to employer-provided parking lot was injured in the zone of employment and was therefore entitled to participate in the workers’ compensation system.

Vote: 3-0
Opinion by: Judge McMonagle
Appellate District: 8

Stair v. Mid Ohio Home Health Ltd. (5/13/11)

Employee who was required to travel to client homes for her job, and paid for her travel time, was not a fixed situs employee and was entitled to participate for injuries resulting from fall on ice in parking lot in front of employer’s office which she was going to so that she could pick up her paycheck as required by employer.

Vote: 3-0
Opinion by: Judge Gwin
Appellate District: 5

Taylor v. Meijer, Inc. (4/17/09)

Injury in employer’s parking lot compensable even though employee had bought groceries from the employer after she finished work.

Vote: 3-0
Opinion by: Judge Froelich
Appellate District: 2

White v. Quest Diagnostics, Inc. (10/24/18)

Injured worker entitled to participate for injury in employer’s parking lot during lunch break due to zone of employment exception to going and coming rule.

Vote: 3-0
Opinion by: Hensal
Appellate District:
 9

Wyatt v. Autozone, Inc. (12/15/03)

Employee of auto parts store suffered compensable injury when he was injured in parking lot while standing up after helping a customer look at the tail light on the customer’s car.

Vote: 3-0
Opinion by: Judge Cupp
Appellate District: 3