Miles v. Bi-Mart Corp.

Under ORS 656.005(7)(a), when a person is injured at work, that injury is compensable if it “aris[es] out of and in the course of employment.”

Employee parked her car in her employer’s parking lot designated for employee parking. She tripped on broken pavement and fell on her way into employer’s building. Her injuries required medical treatment. Employee sought judicial review of an order of the Workers’ Compensation Board upholding employer’s denial of compensability of her claim. Under ORS 656.005(7)(a), when a person is injured at work, that injury is compensable if it “aris[es] out of and in the course of employment.” However, injuries sustained while going to or coming from the workplace are not compensable. See Henderson v. S. D. Deacon Corp., 127 Or App 333, 336, 874 P2d 76 (1994) (explaining the “going and coming rule”). One exception to the general rule is the parking lot exception, which applies “when an employee traveling to or from work sustains an injury on or near the employer’s premises.” Id. For the parking lot exception to apply, the employer must exercise “some control over the place where the injury is sustained.” Id. Employee argued that the board failed to address the entirety of the record when it considered whether the injury occurred in an area where employer had “some control.” After examining the board’s rationale, the court held that the board’s conclusion that employee’s injury did not arise out of her employment “lack[ed] substantial reason.” Reversed and remanded.