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Thursday, October 22, 2026

Appellate Court: Employee's Parking Lot Fall on the Way Into Work 'Arose Out of and in the Course' of Employment - Law.com

What You Need to Know

  • While injuries sustained going to or coming from work are not compensable, the Oregon Court of Appeals recently sided with an employee who was injured after tripping on a portion of cracked pavement while walking into work.
  • Sherrie A. Miles, who worked as a pharmacy technician for Bi-Mart Corp., parked her vehicle designated by the retailer for employee parking. As she walked across the parking lot to enter the store, she fell on a portion of broken pavement, according to the appeals court's opinion.
  • The Oregon Court of Appeals found that Miles' employer had 'some control' over the area where she tripped.

While injuries sustained going to or coming from work are not compensable, the Oregon Court of Appeals recently sided with an employee who was injured after tripping on a portion of cracked pavement while walking into work because her employer had “some control” over that area.

Sherrie A. Miles, who worked as a pharmacy technician for Bi-Mart Corp., parked her vehicle designated by the retailer for employee parking. As she walked across the parking lot to enter the store, she fell on a portion of broken pavement, according to the appeals court’s opinion.

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Read Full Story: https://www.law.com/2021/12/30/appellate-court-employees-parking-lot-fall-on-...