Brower v. ICT GROUP

753 A.2d 1045, 164 N.J. 367, 2000 N.J. LEXIS 680
CourtSupreme Court of New Jersey
DecidedJuly 13, 2000
StatusPublished
Cited by24 cases

This text of 753 A.2d 1045 (Brower v. ICT GROUP) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brower v. ICT GROUP, 753 A.2d 1045, 164 N.J. 367, 2000 N.J. LEXIS 680 (N.J. 2000).

Opinions

The opinion of the Court was delivered by

COLEMAN, J.

This workers’ compensation ease raises the issue of whether an employee, who has punched out at the end of the workday and falls while descending steps that lead from the street only to the injured worker’s employer’s offices in a multi-tenant office building, has sustained a compensable accident under the Workers’ Compensation Act, N.J.SA 34:15-1 to -128 (Act). The Division of Workers’ Compensation (Division) and the Appellate Division held that the accident is not compensable. We granted the worker’s petition for certification, 162 N.J. 486, 744 A.2d 1208 (1999), and now reverse.

I.

The controlling facts were stipulated by the parties. Petitioner Sandra Brower, a forty-year-old telemarketer employed by respondent ICT Group, was injured on May 9, 1997 when she fell down concrete stairs within a two-story multi-tenant building. ICT Group was located on .the second floor of the building, with three accesses to its leased premises. An elevator was centrally located in the front of the building and opened across from, the [370]*370main entrance to ICT Group’s offices. There was a front stairway accessory to the elevator. In addition, there was the back stairway on which petitioner fell.

The rear stairway opened only into ICT Group’s leased premises and the basement, functioning much like a fire escape. It had an outside entrance on the ground level. It was a fully enclosed stairway with its top landing carpeted with the same floor covering as the inside of ICT Group’s offices. There was a doorway that led directly from the top landing into ICT Group’s premises. This rear stairway was used by ICT Group employees for ingress and egress to the offices and to take smoking breaks on the carpeted landing. ICT Group had no special requirements or prohibitions concerning which means of ingress and egress were used by employees. It had no customers or clients who visited the premises because it provided telemarketing services. The rear stairway and its top landing were cleaned by the landlord. The record does not inform us who cleaned ICT Group’s offices. Employees frequently propped open the door to that stairway for easy access.

Petitioner sustained her accident after she had punched out on the time clock. After stepping through the ICT Group’s doorway to the rear stairway, she fell from the top landing of the stairway.

The Judge of Compensation found that under both the “going and coming rule” and the “premises rule” the accident was not compensable. He reasoned that the 1979 amendments to the Act represented a legislative mandate to contain the costs of workers’ compensation by limiting the judicially-created exceptions to the going and coming rule. He was of the view that the Legislature accomplished that purpose by specifically establishing a premises rule that defined when employment begins and ends. The Appellate Division, in an unpublished opinion, affirmed substantially for the reasons expressed by the Judge of Compensation.

II.

Petitioner argues that the rear stairs were essentially part of her employer’s leased premises and that her employer controlled [371]*371that stairway within the meaning of the Act. She maintains that the accident is compensable because she had not left her place of employment. The respondent, on the other hand, contends that based on the “premises rule” the accident is not compensable because petitioner had left her place of employment and the accident occurred in a place the employer did not control.

A.

Only two years ago, we stated succinctly the overriding legal principles that inform our determination of whether the accident transpired on ICT Group’s premises or whether it falls within the going and coming rule. We stated:

The “going and coming rule” that existed in workers’ compensation jurisprudence since the inception of the Act was abrogated by the 1979 amendments to the Act. L. 1979, c. 283, § 12. In its place, the Legislature established the premises rule. That was accomplished by defining for the first time when employment begins and ends. Pertinent to this case, the amendments provide: “Employment shall be deemed to commence when an employee arrives at the employer’s place of employment to report for work and shall terminate when the employee leaves the employer’s place of employment, excluding areas not under the control of the employer.” N.J.SA. 34:15-36.
The premises rule is based on the notion that an injury to an employee that happens going to or coming from work arises out of and in the course of employment if the injury takes place on the employer’s premises. Cressey v. Campus Chefs, Div. of CVI Serv., Inc., 204 N.J.Super. 337, 342-43, 498 A.2d 1274 (App.Div.1985). The premises rule “limits recovery to injuries which occur on the employer’s premises ... by confining the term ‘course of employment’ to the physical limits of the employer’s premises.” Id at 342, 498 A.2d 1274. Thus, unless one of the statutory exceptions not implicated here is triggered, an employee who is not physically on the employer’s premises is not technically in the course of the employment. Livingstone v. Abraham & Straus, Inc., 111 N.J. 89, 96, 543 A.2d 45 (1988).
The Legislature used the phrase “excluding areas not under the control of the employer” in its definition of employment because it intended to include areas controlled by the employer within the definition. That phrase was intended to make clear that the premises rule can entail more than the four walls of an office or plant.
[Kristiansen v. Morgan, 153 N.J. 298, 316, 708 A.2d 1173 (1998), modified for other reasons, 158 N.J. 681, 730 A.2d 1289 (1999) ].

The premises rule is important because “as a general rule we interpret the [Act] as not allowing compensation for [372]*372accidents occurring in areas outside of the employer’s control.” Zelasko v. Refrigerated Food Express, 128 N.J. 329, 336, 608 A.2d 231 (1992). The fact that petitioner had punched out on the time clock does not preclude compensability because the situs of the accident and the employer’s control of that location are the dispositive factors. See Kristiansen, supra, 153 N.J. at 317, 708 A.2d 1173 (stating “an employee who punches out on the time clock at the [employer’s] front entrance and is injured while walking through the plant to reach his or her car parked in a rear parking lot” sustains a compensable accident); Cressey supra, 204 N.J.Super. at 343, 498 A.2d 1274 (stating duties of maintenance do not indicate control). Thus, the premises rule determines whether petitioner’s accident is compensable.

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Bluebook (online)
753 A.2d 1045, 164 N.J. 367, 2000 N.J. LEXIS 680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brower-v-ict-group-nj-2000.