holding that employee injured while in “zone of danger” created by employment would be considered in the course of the employment while coming to work
How later courts described this case
- holding that employee injured while in “zone of danger” created by employment would be considered in the course of the employment while coming to work
- Employee slipped on ice on a public sidewalk immediately in front of employer’s place of business just as she was about to enter. The majority opinion said the sidewalk was equivalent to part of the premises, since it was essential to the employer’s business and an avenue of entrance. The court held an employee may be so close to the scene of his labor, within its zone, environments, and hazard as to be, in effect, at the place and under the protection of the act.
- employee slipped on icy sidewalk in front of employer's premises on way to work
Written by the judges who cited it.
The opinion
BOULDIN, J.
(concurring).
The hazard causing this injury, slippery ice on the sidewalk, was incident to and grew out of the operation of the employer’s business.
The zone of danger to employees from the operation of a business is a material factor in defining the premises of the employer.
The fundamental basis of compensation laws is to east upon the business itself a part of the burden of accidents to employees growing out of the relation of employer and employee rather than leave the entire burden to be borne by the employee, the victim of accident.
The employee here was at this place because of her employment, her movement in course of her employment. The time and place, the hazard, the presence and movements of the injured, were all so closely related to the employment that I am impelled to concur in the opinion of Chief Justice ANDERSON, holding the injury arose out of and in course of the employment within the meaning of our Workmen’s Compensation Law (Code 1923¡, §§ 7534-7597), always to be liberally construed to award rather than to deny compensation.