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

Steve Lombardi

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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. Larson, The Law of Workmen's Compensation, sec. 4-18. Most "special hazard" cases, involve substantial dangers such as the crossing of railroad tracks. Similarly, travel between two separate premises of an employer which results in an injury en-route is held to be covered under a "divided premises" exception. Thus, an employer may be liable if it operates a parking lot and an employee is injured between the lot and his work site. Id. at 4-35 & 4-36. and cited in Frost v. S.S. Kresge Co., 299 N.W. 2d 646,649 (Iowa 1980)