Case name:
Sanders v. Ameritech, 12 ILWCLB 46 (Ill.Ind.Comm.2004).
Ruling: The
Commission awarded benefits to an employee who slipped and fell while walking
to the building entrance of her workplace. There was only one entrance
available to the claimant and she was carrying an employee badge when she fell.
What it means: An
employee who must arrive at work during the early morning hours, prior to the
time when salting and ice removal normally begins, is subject to a greater risk
of slipping on ice while walking to her workplace entrance.
Summary: The
claimant was walking to the employee entrance in the morning hours when she
slipped and fell. The accident occurred approximately 12 feet from the
doorway. She injured her left ankle.
The arbitrator found the accident arose out of and in the course of her
employment, noting that the claimant was required to be at the location of her
fall early in the morning so that she could enter the building and begin her
workday. In so holding, the arbitrator relied on Davis v Spiegel, in which an employee slipped and fell on ice while
walking to the entrance of her workplace.
In Davis, snow had fallen in
the previous 24 hours, resulting in icy conditions. The Davis employee was
exposed to a risk of falling to a greater degree than the general public. Upon
review, the Commission affirmed and adopted the decision of the
arbitrator.
The employer argued that because the general public could
traverse the same general area, the accident did not arise out of the claimant's employment. The arbitrator disagreed, noting that the
general public was not at the same risk as the claimant. The claimant was
required to be at work at 6:30 a.m. prior to the greater degree of rush hour
and prior to the time when salting and ice removal would normally begin. The
evidence also showed that the entrance that the claimant was approaching when she fell was the only one
available to her and that she was carrying an employee ID badge when she fell.
