9/1/08

Recent Ohio Appellate Decisions: How the “Going and Coming Rule” Got Up and Went

Related Practices

Attorneys & Professionals

Over the course of the last 70 years, Ohio’s general rule has been that an employee who is injured while traveling to or from a fixed and limited place of employment is not injured in the course of employment. The rule has all but disappeared from our jurisprudence. An analysis of whether a claimant is a “fixed situs” employee is no longer included in the vernacular of the Industrial Commission decisions or the appellate decisions reviewing the Commission’s orders. Today’s judicial directives contain an entirely different analysis, a blended standard of law, known as the “totality of the circumstances test.”

Click on the link below to continue reading the article, which was published in the Ohio Self-Insurers Association Newsletter.