While injuries sustained going to or coming from work are not compensable, the Oregon Court of Appeals recently sided with an employee who was injured after tripping on a portion of cracked pavement while walking into work because her employer had “some control” over that area.
Sherrie A. Miles, who worked as a pharmacy technician for Bi-Mart Corp., parked her vehicle designated by the retailer for employee parking. As she walked across the parking lot to enter the store, she fell on a portion of broken pavement, according to the appeals court’s opinion.
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