Michigan Supreme Court Holds Employee Injured In Parking Lot Not Owned or Leased by Employer Did Not Suffer Injury “arising out of” or “in the course of” Employment Sufficient to Prove Right to Workers Compensation Benefits

On June 21, 2013, the Michigan Supreme Court issued a peremptory (in lieu of) order under MCR 7.315(H)(1) reversing the decisions of the lower tribunals (the Michigan Court of Appeals) and remanded this case to the Michigan Compensation Appellate Commission for entry of judgment in favor of the employer and its insurer and against the employee ruling that the employee’s injuries did not “arise out of and in the course of” his employment.

The employee slipped and fell in a parking lot while going to his office.  The Court reverses holding that the injury did not arise out of or in the course of the employee’s performance.  MCL 418.301(3) provides an employee going to or from work while on the premises where work is to be performed is presumed to be in the course of his employment.  However, the Court points out that if the parking lot is not owned, leased or maintained by the employer it is not premises upon which work is to be performed and does not fall within the meaning of the “coming and going” provision or the case law interpreting it.

Read the Court’s order here: Mohney v. AIG et al.Order.06.21.2013

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