Thursday, 09 September 2021 17:52

Ohio Court of Appeals Rules Against Safelite

Written by Rebecca Barnabi, glassBYTEs.com


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Shonda Hicks, a licensed insurance surveyor with the Safelite Group, won her appeal in Ohio court Sept. 2 in a workers’ compensation case involving her falling in a parking lot.

On the morning of Feb. 8, 2018, Hicks, who was in her third trimester of pregnancy, fell on the sidewalk adjacent to one of the company’s parking spots designated for expectant mothers, according to court documents.


The court’s order states, “Hicks had looked forward to receiving the permit because the reserved spaces were closer to the building’s entrance, and oftentimes the Safelite parking lot was at or near its capacity.” The Safelite Group leases the parking lot in which Hicks fell and allegedly sustained injuries.


A snowstorm had occurred the previous night. As Hicks stepped on the sidewalk, court documents state, “she slipped and fell to the ground.” Hicks sustained injuries to her lower back and left hip.


Hicks’ claim for workers’ compensation was rejected three times by the Ohio Bureau of Workers Compensation, but Hicks filed an appeal on the argument the court made a two-point error in its summary judgment of her case, which violated Ohio’s come-and-go rule.


The Ohio Court of Appeals ruled the trial court erred in its summary judgment because Hicks meets the “totality of the circumstances” exception. The court considered the lack of control and not other factors in the exception. The court also erred because Hicks meets the “zone of employment” exception.


Hicks did not travel in the course of her employment, but sat at a desk to perform her duties.


“As a general rule, an employee with a fixed place of employment, who is injured while traveling to or from his place of employment, is not entitled to...

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