Nevada Supreme Orders WC Benefits for Worker Who Tripped During Walk While on a Break

A worker who was injured when she tripped over an uneven sidewalk while walking during a rest break is eligible for workers’ compensation benefits because the sidewalk was under the control of her employer, the Nevada Supreme Court ruled Friday.

A three-justice panel of the court reversed a ruling by a state hearing officer and the 2nd Judicial District Court that found the injury suffered by Washoe County Health District employee Susan Hopkins did not occur out of or in the course of her employment.While normally injuries that occur while an employee is going to or coming from the workplace are not compensable, Hopkins’ claim falls within the “parking lot or premises-related exception,” the court said.

“The record shows that Hopkins was injured when she tripped on a defective sidewalk under Washoe’s control and maintenance, and thus, her injuries occurred on Washoe’s premises,” the panel’s opinion says.

“Additionally, Hopkins’ injuries occurred within a reasonable time of leaving work, as she was injured at the start of her 15-minute break.”

Hopkins often walked around the Reno Sparks Livestock Events Center next to her office building during breaks. On Sept. 24, she set off for her regular walk during a 15-minute break, but fell about 50 to 75 feet from the door of the building, tripping over a segment of the sidewalk that was raised up by about an inch.

Co-workers helped her return to her desk. She sought medical attention and was diagnosed with a fractured right toe and a muscle and tendon strain to her hip.

Hopkins filed a workers’ compensation claim with the Washoe County Health District. Cannon Cochran Management Services, the employer’s third-party administrator, denied the claim after concluding the accident did not occur in the course of employment. A hearing officer affirmed that decision.

Hopkins petitioned for judicial review. The 2nd Judicial District Court ruled that the injury was not caused by work. The court found that the hearing officer had correctly concluded that the defective sidewalk was a “neutral risk,” meaning Hopkins work’ didn’t expose her to any more danger than the general public.

Hopkins asked the Nevada Attorney for Injured Workers to appeal the ruling. In Nevada, injured workers can accept free assistance from the office, which is a state agency, or hire their own private attorney.

Clark G. Leslie, a senior deputy with the office, said Hopkins ran up $50,000 in medical bills and had to take “substantial time” off work after the accident.

He said he felt that the case raised an important question that needed an answer from the high court. He said the state hearing officer who initially heard the case focused on whether Hopkins was under the control of her employer at the time of the accident and incorrectly concluded that that the injury was caused by a neutral risk.

“I just thought it was a really gross error,” Leslie said. “I thought denominating this as a neutral risk rather than an employment risk was a mistake.”

Leslie said he blames himself for not more clearly pointing out that Hopkins’ employer controlled the sidewalk. The Supreme Court opinion notes that Hopkins’ supervisor filled out a work-order request to repair the uneven sidewalk and included a copy along with the initial report of injury.

“If that fact had been clearly enunciated it probably wouldn’t have gotten this far,” Leslie said. “The Supreme Court ended up getting it right. It’s these little twists and turns in the facts that lead to a lot of these cases.”

The court remanded the case to the district court with instructions to reverse the hearing officer’s findings.