GQ Corner

Q. Injured worker was attending a voluntary volunteering event for employer when he was injured with a pitchfork picking up hay (got splinter in his hand) may have possibly became infected, still waiting on medical report.  Can this be a basis for denial or should I keep as an MO?

A. If it was truly a voluntary event, then yes, you can deny under 406.032(1)(D). However, if he was implicitly required to be there—such as all other employees were going to be there, there was a general expectation that all employees participate, people who did not participate would not be paid for work that day, etc.—then the event was not actually voluntary and thus, the exception will not apply.

Q. Employee had clocked out for the day and was walking to her vehicle.  The company had just put down caliche in the parking lot that day.  (The employer maintains the parking lot).  This was her first time walking in the parking lot with the new loose caliche.  She fell fracturing her ankle.  Is this accepted under workers’ comp or would it be denied due to her being clocked out?  If it was to be denied, what verbiage would we use?

A. The claim is most likely compensable under the Access Doctrine, which is an exception to the coming and going rule. The Access Doctrine applies in those cases where the employer has evidenced an intention that the particular access route or area be used by the employee in going to and from work, and where such access route or area is so closely related to the employer’s premises as to be fairly treated as part of the premises. The Access Doctrine is broad enough to cover employees who have clocked out or who have not clocked in.