[DOWNLOAD] "Hayes v. Gibson Hart Co." by Supreme Court of Kentucky No. 89-SC-563-DG * eBook PDF Kindle ePub Free

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eBook details

• Title: Hayes v. Gibson Hart Co.
• Author : Supreme Court of Kentucky No. 89-SC-563-DG
• Release Date : January 24, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

This is a workers' compensation case. The issue, broadly defined, is whether the employee's injury qualifies as an ""injury"" covered under KRS 342.0011(1), which is a ""work-related harmful change in the human organism, arising out of and in the course of employment."" Narrowly defined, the issue is whether the place where the employee was injured should be classified as part of the ""operating premises"" of his employer included within the coverage of the workers' compensation law even though the employee is in a ""going and coming"" status. Cf. Ratliff v. Epling, Ky., 401 S.W.2d 43, 45 (1966). As stated in Larson's treatise, Workmen's Compensation Law, Vol. 1, § 15.11, while ""[t]he course of employment is not confined to the actual manipulation of the tools of the work, nor to the exact hours of work[,] . . . it is generally taken for granted that workmen's compensation was not intended to protect [the worker] against all the perils of [the] journey"" between his home and his place of work. The employee is not entitled to coverage while ""still subject to the common risks of the street."" This is the ""basic going and coming rule."" Nevertheless, as Larson states, ""with a surprising degree of unanimity"" the cases applying this rule interpret ""course of employment"" to cover ""going and coming"" injuries occurring ""on the employer's premises."" The question in the present case is whether this ""on premises"" protection applies to the facts of this case.

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