Parking Lot Cases/Coming & Going/Slip & Fall

  • General Rule §418.301(1) & 301(3)
    • Employees injured when “slip and fall” incidents occur on the property that is owned, leased, or maintained by the employer are compensable as long as the employee was going to or coming from work. Mohney v AIG, 494 Mich 866 (2013).
  • Statutory Presumption §418.301(3)
    • The law creates a presumption that the employee is “in the course of his employment” when this type of incident occurs.
  • Presumption may be defeated if:
    • Employee was not on way to or from work
    • Employee was not on premises where work is to be performed
    • Employee lingered beyond a “reasonable time” before or after working hours.
  • Injuries Occurring BETWEEN property owned, maintained or leased and the worksite
    • Simkins v General Motors, 452 Mich 703 (1996)
      • “Employees injured when slip and fall incidents occur on property BETWEEN property that is owned, maintained or leased by the employer and the worksite are compensable if the employee’s injury occurred while the employee was traveling in a direct route between such an area and the worksite itself – EVEN if the incident occurs on property NOT owned, maintained or leased by the employer.
    • Result is inconsistent with the statute and Mohney decision, Simkins may be bad law but has not been overruled.
    • Door open to challenge Simkins, Mohney decision cryptically mentions it but not overrules it. Further clarification is needed.
    • Law always changing, look at each case carefully.