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Supreme Court denies benefits to legal assistant who fell into sinkhole



On Monday, Delaware's Supreme Court upheld the denial of benefits to a court employee who fell into a sinkhole when she arrived at work. have parked their car, according to documents in Browning v. State.

Ms. Browning filed a claim for damages for her injuries, which prompted the Accident Investigation Board to determine whether she acted in connection with and the extent of her employment when she fell and whether the injury occurred at her employer's premises.

Even if the street is located. owned by the state – her employer – the board found it was not part of the state's premises, as the city of Dover exercises authority over street parking. As Browning had not yet crossed the threshold of the courthouse when she fell, the board found that she was injured while traveling to work and was not in her employment process and scope.

The Supreme Court noted that there is a "gray area where the risks of street travel merge with the risks associated with employment", and it found that significant evidence supported the board's conclusion that Browning had gone to work but was not yet at her employer's premises when she fell and also did not receive instructions on where to park.

WorkCompCentral is a sister magazine to Business Insurance. More articles here [05] 59.


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