Parking area designated for use by the general public

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Is the employee covered under workers’ compensation for sustaining injuries by falling in a parking area designated for use by the general public? Explain.

On Saturday, November 11, 1995, Ms. Parry was employed by Wal-Mart and was scheduled to work a 4:30 p.m. to 11:00 p.m. shift. Ms. Parry left the store at 8:30 p.m. for her meal break. She did not return that night; instead, she called the store from her home and told the assistant manager that she had slipped on ice in the parking lot on the way to her car and injured her back. After seeking medical care, Ms. Parry was released to work on December 26, 1995. The Wal-Mart parking lot was covered with ice as the result of an ice storm on November 11, 1995. There was only one parking lot at Wal-Mart, used by both employees and customers. Employees were requested, but not required, to park on the south side of the lot so that customers would have better access to the front door. However, the south side of the lot was not restricted from customer use. As Ms. Parry walked to her car at about 8:30 p.m. her feet came out from underneath her. She twisted around to catch herself but her back hit the ground. She drove to her home approximately one block away and called Wal-Mart, speaking to the assistant manager. She did not return to work that night or the next day. She sought medical attention on Monday.

Reference no: EM131632210

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