Commission Awarded Benefits For Injuries Sustained

Commission Awarded Benefits For Injuries Sustained By Claimant In Fall While Climbing Stairs, Where Evidence Indicated That Claimant Was Traveling Employee

Claimant, an assistant supervisor for defendant’s cleaning business, was responsible for hiring, firing, and checking the work performed by the employees. Her responsibilities included traveling to different locations serviced by defendant. On the day of the alleged accident, claimant reported to defendant’s facility and then traveled to a police station to perform background checks on several of defendant’s employees. She then traveled to another facility in order to perform an inspection. After inspecting the elevators at the worksite for cleanliness, claimant walked through a doorway and began to climb a set of stairs. Her right foot slipped on a step and she fell backwards. She testified that there was dirt and debris on the stairs but that she was unsure what caused her to slip.

The Commission explained that whether an injury to a traveling employee arose out of and in the course of his employment depended upon the reasonableness of the specific conduct and whether it might normally be anticipated or foreseen by the employer. In the instant case, claimant was required by defendant to travel to various job sites to inspect the work of defendant’s employees. The Commission found it wholly reasonable and foreseeable that claimant would be traversing the staircases in defendant’s client’s facilities as part of her duty to examine the various work locations and evaluate the quality of the employees’ work.

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Donald Fohrman
Donald W. Fohrman & Associates, Ltd.