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McGuire v. Workers' Compensation Appeal Board2/13/2002
Mary Beth McGuire (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board) affirming an order of the Workers' Compensation Judge (WCJ) denying Claimant's claim petition. We reverse.
Reading Hospital and Medical Center (Employer) employed claimant as a licensed practical nurse. On January 11, 1999, Claimant sustained an injury to her left wrist and was totally disabled from employment from January 12, 1999 to July 5, 1999. Claimant returned to her pre-injury employment on July 5, 1999, without restrictions or loss of earnings.
On or about June 10, 1999, Claimant filed a claim petition alleging that on January 11, 1999, she fractured her left wrist when she slipped and fell on an icy sidewalk on Employer's premises while going to her car at the end of her shift. Claimant alleged further that she reported her injury on January 11, 1999 to the evening shift supervisor. Employer filed an answer to the claim petition denying the material allegations contained therein. A hearing was held before a WCJ.
In support of her claim petition, Claimant testified on her own behalf. In opposition to the claim petition, Employer submitted the deposition testimony of Robert Myers, director of personnel. Based on the evidence presented, the WCJ made the following relevant findings of fact:
3. The Claimant exited the hospital building shortly after completing her shift at 3:30 p.m. The Claimant slipped and fell on ice on the employer's property while going to her vehicle which was parked on Parkside Drive.
4. The Claimant was provided a parking place by the employer in a designated parking area in the Masonic Parking Lot. The Claimant chose to park in Parkside Drive because she felt it was more convenient. The Claimant's testimony is found to be credible, except where she appears to contradict herself and the testimony of Mr. Myers and the Reading Hospital Parking Policy when she states that "they never mentioned about parking down along Museum on Parkside Drive." The Claimant does admit that the employer advised her not to park in the West Reading residential area.
5. The employer presented the testimony of Robert Myers, the director of personnel. Mr. Myers testified that the Claimant was assigned a parking space in the Masonic Parking Lot and that parking on Parkside Drive was in violation of the parking policy. Mr. Myers' testimony is found to be credible because it is supported by some of the Claimant's testimony as well as the written Parking Policy.
6. The employer's Parking Policy required all employees on duty to park in their assigned spots.
7. The Claimant was not guided by anything related to her employment when she left the building. The Claimant was simply a member of the general public when she proceeded down the path and she was not in any place that she was required to be by the nature of her employment.
Based on the foregoing facts, the WCJ concluded that Claimant failed to sustain her burden of proving by substantial, competent and credible evidence that she was in the course and scope of her employment when she slipped and fell on Employer's premises. Accordingly, the WCJ denied Claimant's claim petition.
Claimant appealed the WCJ's decision to the Board. The Board noted that Employer did not dispute that: (1) Claimant's injury occurred on its premises; (2) Claimant's injury was caused by the condition of the premises; and (3) Claimant's injury occurred at a time reasonable and approximate to concluding her employment for the day. Therefore, the Board addressed the sole issue of whether Claimant's presence on Employer's premises was requi
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