Fournier v. Aetna, Inc.

2006 ME 71, 899 A.2d 787, 2006 Me. LEXIS 79
CourtSupreme Judicial Court of Maine
DecidedJune 16, 2006
StatusPublished
Cited by3 cases

This text of 2006 ME 71 (Fournier v. Aetna, Inc.) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fournier v. Aetna, Inc., 2006 ME 71, 899 A.2d 787, 2006 Me. LEXIS 79 (Me. 2006).

Opinion

DANA, J.

[¶ 1] Aetna, Inc. appeals from a decision of a Workers’ Compensation Board hearing officer (Pelletier; HO) affording protection of the Act to Robyn D. Fournier. Fournier was injured when returning to work at the end of her lunch break. She slipped and fell on the outside staircase that leads to the back entrance of the office building where Aetna leases space. Aetna contends that the hearing officer erred in determining that the injury arose out of and in the course of Fournier’s employment. We disagree, and affirm.

I. BACKGROUND

[¶ 2] Fournier is employed by Aetna in its offices at One Monument Square, a ten-story office building in Portland. Aetna leases space on the second through fifth floors of that building; it neither owns nor maintains the building. Pursuant to the lease, the landlord is responsible for “reasonable removal of ice, snow and debris from the outside Common Areas, including, but not limited to, walkways and other paved surfaces.”

[¶ 3] On January 7, 2002, Fournier left the building to take her half-hour, unpaid lunch break. When returning from lunch, she slipped and fell on the outside stairs leading to the back entrance of the building. The stairway was one of two that lead to entrances to the building. The weather was bad, and snow and ice had accumulated on the stairs. Fournier injured her knee and may have aggravated a preexisting back injury.1

[¶ 4] The hearing officer determined that because the outside staircase is part of the common area of the office building, the injury occurred on Aetna’s premises, and even though she was returning to work from her lunch break at the time, her injury arose out of and in the course of employment. Aetna filed a petition for [789]*789appellate review, which we granted pursuant to 39-A M.R.S. § 322 (2005).

II. DISCUSSION

[¶ 5] We accord deference to decisions of the Workers’ Compensation Board addressing whether an injury is compensable pursuant to the Act. Cox v. Coastal Prods. Co., Inc., 2001 ME 100, ¶ 12, 774 A.2d 347, 350; Moore v. Pratt & Whitney Aircraft, 669 A.2d 156, 158 (Me. 1995). Because the facts in this case are not in dispute, our role on appeal is “limited to assuring ... that [the] decision involved no misconception of applicable law and that the application of the law to the facts was neither arbitrary nor without rational foundation.” Id. (quotation marks omitted).

A. “Going and Coming” Rule

[¶ 6] Aetna contends that Fournier is not entitled to workers’ compensation benefits because her case falls within the “going and coming” rule. A well-established workers’ compensation principle, the “going and coming rule,” or the “public street” rule, provides “that an accident occurring off the employer’s premises while an employee is merely on his way to or from his place of business is not, without more, compensable.” Waycott v. Beneficial Corp., 400 A.2d 392, 394 (Me.1979). We have explained the rationale for the rule as follows:

[I]t has at various times been stated that such an injury does not “arise out of” the employment, or that it does not occur “in the course of’ the employment, or both. Whether stated that in going and coming to work an employee is “exposed to the same hazards, and no more, as other members of the travel-ling public,” or that while outside the business premises and not engaged in any work-related activity an employee is not within the spatiotemporal boundaries of employment, the rule is ultimately grounded in the notion that there is an insufficient connection with the employment context to warrant compensation for an injury occurring in such circumstances.

Id. (citations omitted).2

[¶ 7] In Waycott, we held that an off-premises injury sustained during lunchtime is subject to the going and coming rule. Id. at 394-95. In that case, the employee had driven from her office to an off-site establishment for lunch. Id. at 393. After she parked and exited her car, she slipped and fell on the sidewalk and was injured. Id. The Commission awarded her workers’ compensation benefits, and the employer appealed. Id. We vacated that decision, reasoning as follows:

We perceive no reason why an off-premises injury sustained during lunchtime should not be subject to the public street rule and its exceptions. When an employee is going to or coming from work, as when he is lunching off premises, he is not exposed to any different risk than [790]*790that of the public generally. In both situations, the time-is the employee’s to do with as he wishes. In neither case is the employee promoting any interest of the employer nor is he subject to any constraints or control on his freedom of movement. In short, it cannot, meaningfully be said that such an injury arises out of and is in the course of the employment.

Id. at 394-95. Accordingly, “absent extenuating circumstances,” an injury sustained off the employer’s premises during lunchtime does not constitute an injury arising out of and in the course of -employment. Id. at 393.

[¶ 8] Aetna contends that pursuant to Waycott, Fournier’s lunchtime injury is not within the coverage of the Act. In Waycott, however, we also recognized that injuries occurring on the employer’s premises during a lunch break may be compen-sable. Id. at 395. We stated:

[Wjhere the claimant reaches the premises and is then injured, or where the claimant is injured on the premises during lunchtime, the injury may be com-pensable. Although this distinction as to where an injury occurs could appear at first blush to be arbitrary, some line must be drawn if an employer is not to be deemed .an insurer from portal to portal, and the bright line of the employer’s premises is as definite and reasonable as any that can be devised.

Id. (citations omitted); accord 1 ARTHUR LaRSON & Lex K. Larson, Larson’s Workers’ Compensation Law § 13, at 13-1 (2005) (“As to employees having fixed hours and place of work, injuries occurring on the premises while they are going to and from work before or after working hours or at lunchtime are compensable.”).

[¶ 9] At issue, therefore, is whether the common staircase leading to the entrance of One Monument Square falls inside or outside “the bright line of the employer’s premises.” The majority rule, as stated in Professor Larson’s treatise, would include a common staircase as part of the employer’s premises even if the employer does not have control over the staircase:

When the place of employment is a building, it is not necessary that the employer own or lease the place where the injury occurred. It is sufficient if the employer has some kind of right of passage, as in the case of common stairs, elevators, lobbies, vestibules, concourses, hallways, walkways, ramps, foot bridges, driveways, or passage ways through which the employer has something equivalent to an easement.

Id. § 13.04[3], at 13-44 to 13-45 (footnotes omitted). Some jurisdictions, however, require that the injury occur in an area over which the employer has control, rather than just a right of way.

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Bluebook (online)
2006 ME 71, 899 A.2d 787, 2006 Me. LEXIS 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fournier-v-aetna-inc-me-2006.