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Worker can get benefits for post-clock-out fall, rules South Dakota Supreme Court.(Fair v. Nash Finch Co.)
Byline: Lawyers USA Staff
A store employee was entitled to workers' compensation benefits even though she fell while shopping after clocking out, the South Dakota Supreme Court has ruled.
The plaintiff worked as a cashier at a convenience store. After she clocked out for the day, she stopped to buy some items before leaving the premises. As she carried her purchases out of the store, she tripped on a rug near the exit and fell forward, hitting her head and leg on the floor.
When the plaintiff sought workers' compensation benefits, the employer objected, claiming that her injuries occurred after the end of her shift and thus did not arise out of, or in the course of, her employment.
But the court said that the plaintiff was entitled to benefits.
"The plaintiff's injuries," the court said, "occurred at the store's exit, a place where she might reasonably be, and at a time when her presence would normally be expected, within ten minutes after he shift had ended. ... [The plaintiff's fall happened] after she had completed shopping and ...
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