GQ Corner
Q. I have a quick compensability question on this file. This claimant was getting out of her car in the parking lot to walk into work when she was attacked by birds, suffering lacerations to her scalp. Would this be covered under the Access Doctrine?
A. The Access Doctrine just extends the time that the claimant is in course and scope. The claimant still has to show that the harm originated in the work of the employer. If she can show that the exposure to the birds was somehow enhanced by her place of employment (landscaping, water or other attractants), then it is compensable. But if some birds just randomly hit her for no reason linked to the employer, then it is not compensable.
Q. I have a claim involving an employee burning her arm on her lunch break. She was in the designated break room heating up food in the microwave when she removed the food from the microwave and lifted the plastic film, the contents of the platter splashed onto her arm. Should I accept or deny this claim?
A. The claim is compensable under current law. It would be compensable under the Personal Comfort and Convenience Doctrine.
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