Andy Avram and Jerri Simmons obtained a favorable opinion from the North Carolina Industrial Commission in a case involving an employee who fell while walking from her car to clock in at her job. There was a dispute over where Plaintiff fell, but Defendants argued Plaintiff’s claim should be denied pursuant to the coming and going rule.
According to the coming and going rule, injuries sustained by an employee while going to or from work are generally not compensable because the injuries do not arise out of or in the course of employment. However, there are several exceptions to this rule. Plaintiff’s counsel attempted to argue the premises exception applied.
Deputy Commissioner James C. Gillen determined none of the exceptions to the “coming and going” rule applied and denied Plaintiff’s claim for benefits under the provisions of the NC Workers’ Compensation Act.
The outcome of a particular case cannot be predicated upon a lawyer's or law firm's past results.