Perriere v. U.S. Parking Limited / AmTrust

JCC Kerr (Miami) (Andy Borah)(6-20-22) – Denied claims for compensability, TTD/TPD, authorization of medical care and PICA under the going and coming rule. The claimant worked as a valet and was driving to work up a driveway ramp into the employer’s parking garage on her scooter when the claimant was forced to swerve to avoid being struck by a delivery van reversing out of the other driveway lane, which operated as a receiving area for delivery drivers. The claimant alleged multiple injuries and argued for compensability under either the premises or special hazard exceptions to the going and coming rule. The JCC found that the section of the driveway ramp where the accident occurred was open to the public, and therefore the claimant failed to show dominion and control by the employer under the premises exception. The JCC also found that the claimant failed to prove that the delivery van backing out of the delivery/receiving area of the driveway constituted a “special hazard” under the first prong of the special hazards exception because the claimant had sufficient space in the driveway lane to avoid delivery vehicles.   Click here to view Order