Attorneys Obtain Favorable Opinion in Case Involving the Coming & Going Rule
Andrew Avram and Jerri Simmons (both of the Charlotte office) obtained a favorable opinion from the Full Commission in a case involving a worker who fell while walking from her car to clock in at her job. There was a dispute over where plaintiff fell, but defendants argued plaintiff’s claim should be denied pursuant to the coming and going rule. According to the coming and going rule, injuries sustained by an employee while going to or from work are generally not compensable because the injuries do not arise out of or in the course of employment. There are several exceptions to this rule, and plaintiff’s counsel attempted to argue the premises exception applied. Ultimately, the Full Commission determined none of these exceptions applied and denied plaintiff’s claim for benefits.
Cases or matters referenced do not represent the law firm’s entire record. Each case is unique and must be evaluated on its own merits. The outcome of a particular case cannot be predicated upon a lawyer’s or a law firm’s past results.