C. (§7.22) Parking-lot Exception
Library | Workers' Compensation (OSBar) (2008 Ed.) |
c. (§7.22) Parking-Lot Exception
Injuries that occur in parking lots that are owned or maintained by the employer arise out of and in the course of employment and are compensable. If the employer does not exercise some control over the area in which the injury occurs, the injury is generally not compensable. See, e.g., Montgomery v. State Ind. Acc. Com., 224 Or 380, 356 P2d 524 (1960); Montgomery Ward v. Cutter, 64 Or App 759, 762, 669 P2d 1181 (1983); Adamson v. The Dalles Cherry Growers, Inc., 54 Or App...
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- Chapter 7 Employment: Course and Scope
- I. (§7.1) Introduction
- II. Compensability: Legal Causation
- A. (§7.2) Compensable Injury
- B. (§7.3) "arising Out Of" and "in the Course Of" Employment Situations
- 1. (§7.4) Personal-comfort Doctrine
- 2. (§7.5) Traveling Employee
- 3. (§7.6) Going to or Coming from Place of Employment
- 4. (§7.7) Work Environment Exposes Worker to Risk of Injury
- 5. (§7.8) On-the-job Falls
- A. (§7.9) Unexplained Falls
- B. (§7.10) Mixed-risk Doctrine
- C. (§7.11) Increased-danger Rule
- III. Exceptions to Compensability
- A. Statutory Exceptions to Compensability
- 1. (§7.12) Exclusions from the Definition of Compensable Injury—ors 656.005(7)(b)
- A. (§7.13) Participant in Assault or Combat
- B. (§7.14) Recreational Activity Primarily for Personal Pleasure
- C. (§7.15) Consumption of Alcohol or Controlled Substances
- 2. (§7.16) Intentional Injuries
- B. (§7.17) Prohibited Conduct
- C. (§7.18) Horseplay
- D. Going and Coming Rule
- 1. (§7.19) General Rule
- 2. Exceptions to Going and Coming Rule
- A. (§7.20) Greater-hazard Exception
- B. (§7.21) Special-errand Exception
- C. (§7.22) Parking-lot Exception
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