WD79526 (Mo. App. W.D. 2016)
Full Opinion: [Jensen-Price v. Encompass Medical
Group]
Code(s): C007 Accident
Factual
Background:
Claimant was leaving Employer’s office,
walking down the hallway to the elevator. At the time, she had her purse in one
arm, and her laptop computer which she was taking home to perform work for her
employer in a briefcase that she was pulling with the other arm. When the
elevator door opened, it appeared dark inside and no one was exiting the
elevator. Claimant began to enter the elevator when a housekeeping cart was
then pushed out of the elevator and hit Claimant in the leg, causing her to
fall. She injured her back and head in the fall.
Commission Decision:
ALJ found that Employer had no control
over the common areas of the building and because the accident did not occur on
property owned by Employer, her injury was not compensable. The Commission
found that because Claimant was carrying her laptop to perform work at home,
she could have been engaged in the process of going from one worksite to
another when the accident occurred. Regardless, the Commission determined that
Claimant failed to meet her burden with regard to establishing an increased
risk. As such, her claim was denied.
Analysis/Holding:
The Court held that Claimant was exposed
to the risk of colliding with the maintenance cart coming out of a darkened
elevator because of her employment. The Court agreed with the Commission’s
analysis which established that the risk source of Claimant’s injury was
colliding with the maintenance cart coming out of the darkened elevator. The
Court found that there was no evidence that Claimant had any exposure, let
alone equal exposure, to this type of hazard in her normal non-employment life.
The Court rejected Employer’s Argument that the facts here mimic the facts in Miller and Johme. Cause transferred to
Missouri Supreme Court on January 31, 2017
The Takeaway:
The cases of Miller and Johme are
still being interpreted and established through more recent case law. Cause
transferred to Missouri Supreme Court on January 31, 2017.