In the case of Owens v. Giant Eagle, Inc., 2022-Ohio-192, the Ohio Eighth District Court of Appeals held that the trial court erred in granting an employer’s motion for summary judgment because an employee injured during the employee’s work shift was not injured outside the scope of employment, even though the employee was not injured in the actual performance of job duties.
Here, the employee was injured when the employee slipped and fell while walking to socialize with coworkers. The employer argued that the employee’s injury did not arise out of the employee’s employment because the employee was injured while merely walking, which is an activity incidental to the general public at large and not the result of a work-related hazard.
The Court reasoned that a genuine issue of material fact existed as to whether the employee’s injury was compensatory under the Workers’ Compensation Act because the employee was at work at the time of the injury, the employer had control over the scene, and the employer had derived a benefit from the employee’s presence up to the time of injury.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.