Missouri Dep't of Social Srvs. v. Beem

478 S.W.3d 46 (Mo. Ct. App. 2015)

Factual Background:

Claimant was an employee of the Missouri Department of Social Services (“DSS”).  The DSS allowed but did not require employees to take a fifteen minute paid break in the morning and afternoon.  Employees were allowed to leave the premise while on their breaks.  On 2/1/10 Claimant slipped and fell on an icy parking lot (leased by the employer) outside her work during a paid break, sustaining an injury. 

Commission Decision:

The Commission awarded benefits holding the extension of premises doctrine applied because Employer controlled the parking lot, which was a customary and accepted means for workers to get to and from work.  Employer appealed arguing the injury did not arise out of and in the course of employment because Claimant was on a break when the injury occurred and DSS did not control the parking lot where the injury occurred.

Analysis/Holding:

The Court of Appeals agreed with the Commission in finding this to be compensable.  The Court held that the extension of premises doctrine applied, finding that Employer exercised sufficient control over the parking lot by arranging to have the snow and ice cleared in the past. 

The Court also found that Claimant was not equally exposed to the risk of injury outside of her employment because the risk arose from slipping on ice on that particular parking lot, to which Claimant was only exposed when going to and from work each day.  Claimant established that being employed at DDS exposed her to that particular hazard, in that DDS employees parked in the subject lot and had to use it in order to come and go from DDS’s office each work day.  Ultimately the Court was persuaded the hazard was related to her employment. 

The Takeaway:

When an employer leases a parking lot and arranges for it to be cleaned, the employer can be deemed to have sufficient control over the premises for the extension of premises doctrine.