DOLORES STUPEY, Applicant
SOCIETYS ASSETS INC, Employer
MASSACHUSETTS BAY INS CO, Insurer
An administrative law judge (ALJ) for the Worker's Compensation Division of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.
The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and order in that decision as its own.
The findings and order of the administrative law judge are affirmed. The application is dismissed.
Dated and mailed August 7, 2001
stupedo . wsd : 185 : 8 ND § 3.25
/s/ David B. Falstad, Chairman
/s/ James A. Rutkowski, Commissioner
The circumstances of this case differ decisively from those in Black River Dairy Products, Inc. v. ILHR Department, 58 Wis. 2d 537, 207 N.W.2d 65 (1973). In Black River, the employer had no place of business in the Green Bay area where the applicant lived. Every working day, after making his sales and deliveries with the employer's truck, the applicant parked the truck in his driveway and utilized one of his home electrical outlets to keep its freezing unit activated. Under these circumstances, the court determined that the applicant's premises were also the premises of the employer. The applicant was injured when he slipped on the walkway between his house and the truck, as he was on his way to the truck to begin his route. The court held that the applicant began his trip as a traveling employee when he left his house to enter the truck, because under the facts of the case, he was already at work when the injury occurred.
In the case at hand, the applicant did not perform any of her work activities at her apartment. She was inside the apartment building in which she lived when the injury occurred, and that building was her residence not the employer's premises. She had not yet left her residence at the time she fell, and therefore had not attained the legal status of a traveling employee.
cc:
Attorney Richard A. Fortune
Attorney Philip Lehner
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uploaded 2001/08/10