Davaut v. Univ. of So. Carolina

Petitioner Nathalie Davaut appealed the denial of her claim for workers' compensation benefits for injuries she sustained attempting to leave her workplace. To reach her car, which was in a university lot provided for faculty and student parking, Petitioner was required to cross Hubbard Drive (the Street), which bisected University of South Carolina Lancaster's (USCL) campus. While crossing the Street, Petitioner was struck by a vehicle and injured. It was undisputed that the Street and the crosswalks that spanned it are not owned or controlled by the University of South Carolina (USC); rather, they were maintained and controlled by the City of Lancaster. However, it was also undisputed that both the library (where Petitioner had been working) and the parking lot (where Petitioner was headed) belonged to USC. Petitioner sought workers' compensation benefits from her employer and its insurer, State Accident Fund (collectively, Respondents). Respondents, relying on the going and coming rule, denied Petitioner's injuries were compensable, on the basis Petitioner was injured away from USC's property. Petitioner claimed that because she was injured while traveling from one portion of USC's property to another, the Panel erred in denying her relief. The court of appeals disagreed and upheld the Workers' Compensation Commission's denial of coverage. After review, the Supreme Court reversed the court of appeals and held that when an employee crosses from one portion of her employer's property to another over a reasonably necessary and direct route, the employee remains in the course of her employment for purposes of workers' compensation. View "Davaut v. Univ. of So. Carolina" on Justia Law