Injury Cases: Work Area (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Injury: Work Area

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.

Fitch v. Ameritech Corp. (6/5/07)

Worker who was injured in revolving door while entering office building to return to work after paid smoke break was in zone of employment and entitled to participate in the workers’ compensation fund.

Vote: 3-0
Opinion by: Judge Brown
Appellate District: 10

Gonzalez v. Admr., BWC (3/24/04)

Evidence could support finding that employee who was attacked on her way to work was in the zone of employment because she was attacked on walkway to door employees were required to use. Therefore, summary judgment should not have been granted for employer.

Vote: 3-0
Opinion by: Judge DeGenaro
Appellate District: 7

Phelps v. Dispatch Printing Co. (6/1/10)

Worker who was injured when on employer’s premises only to collect paycheck pursuant to employer’s policy permitting employees to do so is entitled to participate in the workers’ compensation fund.

Vote: 3-0
Opinion by: Judge French
Appellate District: 10

Power v. Bay Park Community Hosp. (3/31/15)

Injury which occurred when hospital worker was picking up friend from emergency room did not occur in the course of, or arising out of, employment because the worker was picking up the friend after her work had ended and in a different area than where she worked.

Vote: 3-0
Opinion by:
Judge Pietrykowski
Appellate District: 6

Taylor v. ProMedica Memorial Hospital (8/4/17)

Going and coming rule does not apply to injury which occurred while employee was on employer’s premises walking from parking lot to building where she worked; injury occurred in the zone of employment and was compensable under the totality of the circumstances test.

Vote: 3-0
Opinion by: Judge Jensen
Appellate District: 6

Tucker v. Michael’s Stores, Inc. (4/12/04)

Evidence supported trial court’s finding that injured employee was entitled to workers’ compensation because employer exercised control over area where employee slipped and fell on sidewalk.

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

Tucker v. Michael’s Stores, Inc. (3/28/03)

Whether worker who slipped on ice as she entered building was entitled to participate in the workers’ compensation system depended on whether she was injured in the zone of employment, which depends on whether employer had control of the sidewalk (which was a question of fact under the facts of this case).

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