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Nurse’s injuries from car hitting her not compensable

Posted On: Oct. 17, 2019 2:22 PM CST


Injuries sustained by a nurse hit by a car while crossing a street from a medical center to a parking lot are not compensable, the Superior Court of New Jersey, Appellate Division in Jersey City held in a decision Wednesday.

In Manuel v. RWJ Barnabas Health, a two-judge panel unanimously affirmed a ruling by a judge of compensation, who held that a nurse’s injuries were not covered by workers compensation because she was injured on a public street heading to a parking lot not within the control of her employer.

On Dec. 30, 2015, Emily Manuel finished her shift and crossed a street to the free parking lot used by medical center staff when she was struck by an oncoming vehicle in the public crosswalk and thrown several feet. She sustained him and pelvic fractures, a concussion and other injuries.

The medical center rented about a third of the parking spots in the lot across the street and deducted a rental fee from employees who were authorized to park in the lot, including Ms. Manuel. The center also offered a shuttle service to transport employees from the lot to the hospital’s entrance. Those who chose to walk used the public crosswalk. Employees also had the option of parking in another lot owned by the medical center or on the street.

Ms. Manuel appealed, but the appellate court affirmed the ruling. The court held that sufficient facts showed that the medical center lacked control of the crosswalk and the parking lot, nullifying her claims of compensability under the premise rule. The court also noted that her injuries resulted from being hit by a car on a public roadway over which the medical center had no control.