Worker’s parking lot injury compensable

The Supreme Court of New Jersey on Tuesday awarded workers compensation benefits to an employee injured in an "accident arising out of and in the course of employment,” overturning an earlier ruling by an appellate court.

Diane Lapsley, an employee of the Township of Sparta, was injured in a parking owned and maintained by her employer and adjacent to her place of work. Ms. Lapsley was originally awarded benefits by the Division of Workers Compensation that were overturned by the Appellate Division, ruling her injuries did not arise “out of and in the course of” her employment because the Township exercised “no control” over her use of the parking lot, according to documents in Lapsley v. Township of Sparta filed in the Supreme Court of New Jersey in Trenton.

In issuing its verdict, the high court found that the Township’s control of where the accident occurred was “obvious” because “the [employer] owned, operated and maintained” the property where Ms. Lapsley was injured, and that her injuries arose out of and in the course of her employment and were compensable.

The court affirmed the Division of Workers Compensation judgment awarding Ms. Lapsley benefits and filed its judgment on Jan. 18.