Workers' Compensation laws. The Touch of Class Lounge is in a suburban shopping plaza, or strip mall, in Omaha, Nebraska. Patricia Bauer, the Lounge's owner, does not own the parking lot, which is provided for the common use of all of the businesses in
the plaza. Stephanie Zoucha was a bartender at the Lounge. Her duties ended when she locked the door after closing. On June 4, 2001, at 1:15 A.M., Zoucha closed the bar and locked the door from the inside. An hour later, she walked to her car in the parking lot, where she was struck with "
Workers' compensation laws
The court denied her petition, and two state intermediate appellate courts upheld the denial. Zoucha appealed to the Nebraska Supreme Court, which reversed the lower court's decision and remanded the case for a determination of benefits. The state supreme court recognized that to recover workers' compensation, a claimant must establish that an injury was an accident and "[arose] out of and in the course of his or her employment." An injury arises in the course of the employment "when it takes place within the period of the employment, at a place where the employee reasonably may be, and while the employee is fulfilling work duties or engaged in doing something incidental thereto." Parking lots owned by an employer are generally considered part of the employer's premises for workers' compensation purposes. This rule also applies "if a shopping center parking lot is used by employees of businesses located in the center," because "[i]t would be impractical and illogical to require actual ownership or control of a parking lot by a tenant in a shopping plaza consisting of multiple independent businesses." Furthermore, "[a]n employee leaving the premises of her employer in the usual and customary way after her work is ended is within the course of her employment." Here, "Zoucha, while leaving her employment, walked directly from the Lounge to her car, which was parked on the premises of her employer, where she was assaulted." Thus, "Zoucha's injuries arose out of and in the course of her employment and are compensable."
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