Rico v. All Phase Electric Supply Co.

675 A.2d 406, 1996 R.I. LEXIS 142, 1996 WL 233979
CourtSupreme Court of Rhode Island
DecidedMay 8, 1996
DocketNo. 94-543-M.P.
StatusPublished
Cited by1 cases

This text of 675 A.2d 406 (Rico v. All Phase Electric Supply Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rico v. All Phase Electric Supply Co., 675 A.2d 406, 1996 R.I. LEXIS 142, 1996 WL 233979 (R.I. 1996).

Opinion

OPINION

MURRAY, Justice.

This matter comes before us on the petition of the employee, Paula Rico (Rico), for certiorari. Rico seeks review of a final decree of the Workers’ Compensation Court’s Appellate Division (Appellate Division) reversing a trial judge’s award of workers’ compensation benefits to her. We grant the petition for certiorari and reverse the final decree of the Appellate Division. The facts of the case insofar as pertinent to this appeal are as follows.

Rico was employed by All Phase Electric Supply Co. (employer or All Phase) as a receptionist. Her duties included those usually associated with those of a receptionist, including doing paperwork and answering the telephone. Rico testified that she typically arrived for work between 7:30 and 8 a.m. On December 6, 1991, she arrived for work at approximately 7:50 a.m. After parking her automobile in her designated space of the employees’ parking lot, Rico testified that she fell on a walkway “just outside the door,” about fifteen feet from the employees’ entrance to the building. According to Rico, it had been snowing that day and the walkway was “icy and wasn’t sanded.” Rico stated that the employees’ parking lot and the walkway upon which she fell were owned and maintained by All Phase; her testimony in this regard was undisputed by All Phase. Upon falling, Rico landed on her back but was able to get up and continue to proceed into the building, where she punched in and reported the incident to the operations manager. As a result of the slip-and-fall incident, Rico sustained injuries to her back, right arm, and left leg.

On February 19,1992, Rico filed a petition for workers’ compensation benefits, which petition was heard by a trial judge on June 30, 1992. Following a hearing, the trial judge determined that Rico’s injuries arose out of and in the course of her employment with All Phase. Rejecting All Phase’s contention that Rico’s injuries were not compen-sable on the basis of the going-and-coming rule, the trial judge ordered All Phase to pay Rico weekly compensation benefits. A decree containing the trial judge’s findings was entered on October 14,1992.

All Phase appealed the trial judge’s award of benefits to the Appellate Division, which reversed. In a written decision the Appellate Division opined that Rico’s injuries did not result from a risk associated with or incidental to her employment with All Phase. It therefore determined that Rico was barred from receiving workers’ compensation benefits on the basis of the going-and-coming rule. A final decree was entered on September 8,1994.

Rico filed a petition for certiorari, which was granted by this court on February 2, 1995.

In her instant petition for certiorari Rico contends that the Appellate Division misconstrued, misunderstood, and overlooked material evidence relative to its application of the going-and-coming rule. She argues that a sufficient nexus exists between her injuries and her employment, thereby entitling her to workers’ compensation benefits.

The facts of this case require us to review the going-and-coming rule of workers’ compensation. As we noted this term in Toolin v. Aquidneck Island Medical Resource, 668 A.2d 639 (R.I.1995), “The rule operates to preclude compensation when in[408]*408jury occurs while an employee is traveling to or from the workplace.” Id. at 640. In Toolin we also reiterated the well-settled principle that an employee will be denied compensation for injuries occurring while the employee is “on the employer’s premises before commencement or after completion of the employee’s shift.” Id. (citing Lima v. William H. Haskell Manufacturing Co., 100 R.I. 312, 215 A.2d 229 (1965)). “Because of the harshness of the rule, this court has been willing to delineate exceptions to its application that depend on the particular circumstances of each case. Thus, we have held that an employee is entitled to compensation benefits if it can be demonstrated that a nexus or causal connection exists between the injury sustained and the employment.” Id. at 640-41 citing (Branco v. Leviton Manufacturing Co., 518 A.2d 621 (R.I.1986); Kyle v. Davol, Inc., 121 R.I. 79, 395 A.2d 714 (1978); Knowlton v. Porter Trucking Co., 117 R.I. 28, 362 A.2d 131 (1976); Bergeron v. Kilnic Co., 108 R.I. 313, 274 A.2d 753 (1971); Lima v. William H. Haskell Manufacturing Co., 100 R.I. 312, 215 A.2d 229 (1965); Peters v. Bristol Manufacturing Corp., 94 R.I. 255, 179 A.2d 853 (1962); Tromba v. Harwood Manufacturing Co., 94 R.I. 3, 177 A.2d 186 (1962); DiLibero v. Middlesex Construction Co., 63 R.I. 509, 9 A.2d 848 (1939)).

In determining whether a nexus or causal connection exists between the injury sustained and the employment, we examine the particular facts and circumstances surrounding the accident in light of three criteria first articulated by this court in DiLibero. We first determine whether the injury arose within the period of the employee’s employment. We thereafter evaluate the situs of the injury to determine whether the injury occurred at a place where the employee might reasonably be expected to be present. Third, we inquire whether the employee was reasonably fulfilling the tasks of his or her job at the time of the injury or was performing some task incidental to the conditions under which those tasks were to be performed. Toolin, 668 A.2d at 641 (citing Branco, 518 A.2d at 623).

The three factors for determining whether a nexus exists between the injury sustained and the employment are satisfied in the instant case. We therefore hold that the going-and-coming rule does not operate to preclude compensation.

In respect to the first factor, Rico testified that she usually arrived for work between 7:30 and 8 a.m. On the day her injuries occurred she arrived for work at approximately 7:50 a.m. We are persuaded that her injuries occurred within a reasonable time before her work began; hence we are of the opinion that her injuries arose within the period of her employment.

In respect to the second factor concerning the situs of the injury, Rico testified that she was injured on a walkway after having parked her car in her designated parking space in the employees’ parking lot. According to Rico’s testimony, although there was another entrance to the building, All Phase required its employees to utilize a separate employees’ entrance. Rico was injured on the walkway as she walked directly from her parked car on her way to the employees’ entrance.

According to Rico’s uncontroverted testimony, All Phase owned and maintained both the employees’ parking lot and the walkway.

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675 A.2d 406, 1996 R.I. LEXIS 142, 1996 WL 233979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rico-v-all-phase-electric-supply-co-ri-1996.