Opinion
W.C. No. 4-352-279
January 27, 1999
FINAL ORDER
The respondent seeks review of orders of Administrative Law Judge Felter (ALJ Felter), and Administrative Law Judge Erickson (ALJ Erickson), which determined the claimant suffered a compensable injury, and awarded workers' compensation benefits. We affirm.
The claimant is a dispatcher for the Aurora Police Department, which is located in the Aurora Municipal Justice Center. The claimant's normal work schedule is 6 a.m. to 4 p.m. As a benefit of her employment, the claimant is provided parking in a restricted lot at the Municipal Justice Center. The lot is accessible from a "public access easement." On November 30, 1996, the claimant was injured in a one car accident on the public access road when her car slid across the snow and ice covered easement. At the time, the claimant was driving to work.
ALJ Felter determined that the easement is owned by the City of Aurora, and is both "contiguous to" and part of the Municipal Justice Center. The ALJ also determined that the injury occurred after the claimant "crossed over onto City of Aurora property." Alternatively, ALJ Felter determined that the snow and ice covered easement constituted a "special hazard" which established a causal connection between the claimant's travel to work and her employment. Therefore, in an order dated January 9, 1998, ALJ Felter determined that the injury arose out of and in the course of the claimant's employment. On September 14, 1998, ALJ Erickson ordered the respondent to pay temporary total disability benefits and medical benefits. The respondent timely petitioned for review of the January 9 and September 14 orders.
On review, the respondent contends ALJ Felter erred in finding that the circumstances of the injuries constitute an exception to the "going to and coming from" rule. We disagree.
Compensable injuries are limited to injuries which arise out of and in the course of employment. Section 8-41-301(1)(b), C.R.S. 1998. An injury arises out of employment where the claimant establishes a causal connection between the employment and the injury.
The "going to and coming from" rule provides that injuries sustained while the employee is going to and from work are not compensable. Berry's Coffee Shop, Inc. v. Palomba, 161 Colo. 369, 423 P.2d 2 (1967). However, once the claimant arrives at work and is on the employer's premises, the rule is no longer applicable. A. Larson, Workers' Compensation Law Ch. 4, § 15.11; Roache v. Industrial Commission, 729 P.2d 991 (Colo.App. 1986); Perry v. Crawford Co., 677 P.2d 416 (Colo.App. 1983).
Here, ALJ Felter determined that the claimant was on the employer's premises at the time of the injury. (Tr. p. 58); CAN-USA Construction, Inc. v. Gerber, 767 P.2d 765 (Colo.App. 1988), rev'd on other grounds at 783 P.2d 269 (1989) (the ALJ's oral findings may be considered to interpret the ALJ's written findings). The ALJ also found that the claimant's accident was due to snow and ice on the access road. These findings are supported by substantial evidence in the record, and therefore, must be upheld. See (Tr. pp. 13, 14). Consequently, the "going to and coming from" rule is not applicable. See Poole v. Rocky Mountain Nurses, W.C. No. 4-349-438 (July 30, 1998).
Furthermore, the ALJ's findings support his determination that the injury arose out of and in the course of the claimant's employment. Therefore, we need not consider whether the ALJ erred in finding a "special hazard."
IT IS THEREFORE ORDERED that the ALJs' orders dated January 9, 1998 and September 14, 1998, are affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
NOTICE
This Order is final unless an action to modify or vacate this Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filing a petition for review with the court, with service of a copy of the petition upon the Industrial Claim Appeals Office and all other parties, within twenty (20) days after the date this Order is mailed, pursuant to section 8-43-301(10) and 307, C.R.S. 1998.
Copies of this decision were mailed January 27, 1999 to the following parties:
Denise Holloway, 1500 Shoeshone Tr., Elizabeth, CO 80107
City of Aurora, Attn: Virginia Loughner, Esq., 1470 South Havana Street, Suite 302, Aurora, CO 80012-4014
Sue Leidolph, c/o Lost Time Control, 1776 South Jackson Street, Suite 306, Denver, CO 80210-3803
Robert M. Madsen, Esq., 26 West Dry Creek Circle, Suite 350, Littleton, CO 80120 (For Claimant)
Christian M. Lind, Esq., Orchard Place II, Suite 106, 5975 Greenwood Plaza Blvd., Greenwood Village, CO 80111 (For Respondent)
Charles W. Hemphill, Esq., 8441 W. Bowles Avenue, Suite 250, Littleton, CO 80123 (For Respondent)
Julia A. Bannon, Esq., City Attorney's Office, 1470 S. Havana Street, Suite 704, Aurora, CO 80012 (For Respondent)
BY: ___________