An appeals court in Ohio ruled that an injury suffered by a slip and a fall that occurred 15 minutes after a shift in the home was completed and outside a client's home could not be compensated.
Debra McAlpine provided care for a disabled woman whom she considered an old friend, worked several shifts seven days a week, and sometimes stopped later to talk or watch television. "Sometimes" McAlpine stayed at home overnight, stating that "she did it out of friendship, not as part of her assigned duties," according to documents in Debra S. McAlpine v. Stephanie B McCloud, Administrator, Bureau of Workers & Compensation, was filed with the Court of Appeal of Ohio, Second District of Montgomery County, Ohio. her two-hour shift, when she slipped and fell while examining a noise outside the home. She demanded compensation for workers, which was denied.
The Ohio Industrial Commission staff twice rejected her claim and found that “when the complainant left the client's house, she withdrew from the business during and as a result of her employment when she left the walkway to examine a sound she perceived came from the side of his friend's house. At that time, the complainant was not in her service and her business did not stem from her employment, but instead arose from the relationship with her friend.
The Board of Appeal agreed and wrote that "the evidence does not support a conclusion that McAlpine's injury occurred during her employment and as a result of her employment.