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

Steve Lombardi

Attorney
(866) 735-1102 Ext 335

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L. Lunch Break Exception.

The basic rule, is that the journey to and from meals on the premises of the employer is in the course of employment. Conversely, when the employee with a fixed time and place of work has left the premises for lunch, he is outside of the course of his employment if he falls, is struck by an automobile crossing the street, or is otherwise injured. 1 Larson, Workmen's Compensation, p. 4-62 and cited in Halstead V. Johnson's Texaco, 264 N.W. 2d 757 (Iowa 1978). The employee must show additional facts to bring himself within an exception to the off-premises meals on the employee's time. The employee in Halstead was not awarded benefits. The Court stated: "With commendable candor he stated that on the day in question he had the regular lunch period, he did not get paid for it, he took it off-premises, and he performed no duties for the employer. To apply a claimed exception to these unexceptional facts would wipe out the rule itself." Id. at 760. No wonder my secretary always offers to take the mail with her on her lunch break!

Fo more information on this subject, please refer to the section on Workers Compensation.