Workplace Injuries

• Part IX - Iowa Workers' Compensation - The Going and Coming Rule

  Steve Lombardi | October 28, 2007 12:00 AM | 0 CommentsDes Moines, IA

  I. Zone Of Danger Exception. The course of employment may be extended beyond the premises if the off-premises conditions are risks of the employment. Whenever the hazards of the employment spill over the boundary-line and injure a worker on his or her way to or from work, those injuries should be compensable. 1 Larson, Sec. 15.31. When an employee's intoxication arose out of and in the...

• Part VIII - Iowa Workers' Compensation - The Going and Coming Rule

  Steve Lombardi | October 27, 2007 12:00 AM | 0 CommentsDes Moines, IA

  H. Transportation Necessity Exception. In Medical Associates Clinic, P.C. v First National Bank Of Dubuque, 440 N.W. 2d 374 (Iowa 1989) we see the facts that probably have the most application to any employee whose employment requires them to use their own car, truck or plane. I believe it's very simply put, if you need your car for errands during the work day, then the going and coming rule...

• Part VII - Iowa Workers' Compensation - The Going and Coming Rule

  Steve Lombardi | October 26, 2007 12:00 AM | 0 CommentsDes Moines, IA

  G. Zone Of Protection Exception. Although this exception is discussed as a separate and distinct concept, I believe it is part of the extension of premises exception discussed in Frost v S.S. Kresge Co., 299 N.W.2d 646 (Iowa 1980). Mildred Frost suffered injury when she fell on an icy public sidewalk approximately 12-20 feet from the only store entrance available to employees, and therefore an...

• Part VI - Iowa Workers' Compensation - The Going and Coming Rule

  Steve Lombardi | October 25, 2007 12:00 AM | 0 CommentsDes Moines, IA

  F. Special Hazards Theory Exception. This theory is discussed in Frost v S.S.Kresge Co., 299 N.W.2d 646, 649 (Iowa 1980). It can also be described as the "divided premises" exception. Id. at 649. Under this "exception it is held that any "special hazards" of an employee's route become hazards of the employment where an injury occurs on the only available route to reach the premises. 1 A....

• Part V - Iowa Workers' Compensation - The Going and Coming Rule

  Steve Lombardi | October 24, 2007 12:00 AM | 0 CommentsDes Moines, IA

  E. Extension Of Premises Exception. If the site of the injury is closely related in time, location and employee usage, to the work premises; and, the employer has exercised control over the site of the injury, the extension of premises exception may apply. In Frost v. S.S. Kresge Co., 299 N.W.2d 646(Iowa 1980) Mrs. Frost was dropped off by her husband just outside the front entrance to work. ...

• Part IV - Iowa Workers' Compensation - The Going and Coming Rule

  Steve Lombardi | October 23, 2007 12:00 AM | 0 CommentsDes Moines, IA

  D. No Fixed Site Of Employment Exception. This exception usually arises with travelling salesmen or over-the-road truck drivers. This is really a no brainer. See Lawyer & Higgs, Iowa Workers' Compensation, Law and Practice, sec. 6-15 (1991). The Iowa Supreme Court cites Katz v. A. Kadans & Co.,232 N.Y. 420, 134 N.E. 330, 23 ALR 401 in Otto v. Independent School Dist.,23 N.W.2d 915, 916...

• Part III - Iowa Workers' Compensation - The Going and Coming Rule

  Steve Lombardi | October 22, 2007 12:00 AM | 0 CommentsDes Moines, IA

  C. Employer's Assumed Obligation Exception. If the employer assumes responsibility to furnish transportation to and from the job site the going and coming rule will not prevent an injury from being compensable. In Pribyl v. Standard Elec. Co., 67 N.W. 2d 438 (Iowa 1954) the claimant was traveling to a job site in his own vehicle, under his own control, being paid eight cents per mile for a...

• Part II - Iowa Workers' Compensation - Going and Coming Rule

  Steve Lombardi | October 21, 2007 12:00 AM | 0 CommentsDes Moines, IA

  B. Dual Purpose Exception. This exception is closely related to the special errand exception. Under this exception, the worker makes a trip which combines a non-compensable (personal) purpose with a special errand for the employer. See Folay v. Keister Lumber Co., 175 N.W. 2d 385 (Iowa 1970); Allen V. Allen (Arb. Descn., 941868) In McMullin v Department Of Revenue, 437 N.W. 2d 596 (Iowa...

• Part I - Iowa Workers' Compensation - Going and Coming Rule

  Steve Lombardi | October 20, 2007 12:00 AM | 0 CommentsDes Moines, IA

  A. Special Errand Rule Exception. This exception addresses those instances where a worker performs a duty not usually considered to be among those of the worker's regular employment, provided it is performed at the direction of the employer or demanded by the business. Otto v Independent School Dist., 237 Iowa 991, 23 N.W. 2d 915 (1946); Chia v. Quaker Oats (App. Descn. May 1994). This may...

• Intro - Iowa Workers' Compensation - Am I covered going to or from work?

  Steve Lombardi | October 19, 2007 12:00 AM | 0 CommentsDes Moines, IA

  It's called the going and coming rule. It's about being covered under workers' compensation when driving to or going home from work. Some trips are and some aren't. What's the difference? It's as easy as answering the following question. Does your job require you to have a car and to use it during the work day to further your employer's business? If yes, then you're probably covered. If not,...