Greetings, last week the 1st DCA issued a decision regarding the Going and Coming rule (440.092(2)) in the Aquino v. American Airlines case.
In this case, the claimant had clocked out, and walked through the airport terminal towards the parking lot shuttle bus stop to take the shuttle to the airport-employee parking lot. He injured his leg stepping off the curb to get to the shuttle. The claimant alleged the injury occurred while walking in between two parts of his employer’s premises, his specific work-site and the employee-parking lot. The claimant asserted the Going and Coming rule does not apply because he had not yet left his employer’s premises.

440.092(2) GOING OR COMING.—An injury suffered while going to or coming from work is not an injury arising out of and in the course of employment whether or not the employer provided transportation if such means of transportation was available for the exclusive personal use by the employee, unless the employee was engaged in a special errand or mission for the employer.

The court found the Employer exercised no actual control over the airport-employee parking lot, it was non-exclusive to the employer. The area where the accident occurred was a public sidewalk, and not owned, leased or maintained by the employer. The employer did not habitually use the parking lot for a special purpose, control it or exclude others from using it.

The key factor in premises-rule cases is whether the injury occurred in an area where the employer exercises actual domination or control. In this case, the DCA ruled the airport-employee parking lot, open to all airport employees, was not an extension of the employer’s premises, and therefore the claim was not compensable. He was injured after leaving work for the day, off the employer’s premises, and the Going and Coming rule applied to bar compensability.

These cases are always very fact specific, and our firm is always happy to guide you through it.

Sincerely,

Morgan Indek | Managing Partner

Aquino v. American Airlines case