No workers’ comp for health aide injured while leaving client’s home

An Ohio state appellate court recently held a home health aide who fell and was injured while leaving her client’s home—although she had left her usual path of exiting the premises and walked toward the side of the house to investigate a noise—wasn’t entitled to workers’ compensation benefits under the coming-and-going rule.

Facts

Debra McAlpine was employed by Choice Health Care Ltd. as a home health aide for 13 years. One of her regular patients—and at times her only patient—was Lisa Wilkins, who also happened to be one of her close friends from high school.

McAlpine worked seven days per week at Wilkins’ home for three two-hour shifts that began at 8:00 a.m., 1:00 p.m., and 7:00 p.m. Because of their friendship, McAlpine sometimes stayed longer after a shift to talk or watch television with Wilkins. She also occasionally stayed overnight.

On September 7, 2019, McAlpine clocked out at 10:00 a.m. when her shift ended but stayed an extra 15 minutes. When she exited via the front porch at 10:15 a.m., she heard a sound on the side of the house and walked around to investigate. She slipped on the wet grass, fell to the ground, and injured her back. She was diagnosed with a T12 vertebrae compression fracture.

McAlpine filed a claim for workers’ comp benefits. An Ohio Industrial Commission (OIC) hearing officer denied the claim. He concluded McAlpine wasn’t engaged in activity in the course of and arising out of her employment when she walked to the side of her friend’s house to investigate the noise but instead was acting as a friend.