Jennings v. Backyard Burgers of Asheville

ARNOLD, Chief Judge.

The sole issue on appeal is whether plaintiffs injury by accident, which resulted from a hazardous condition on property adjacent to his employer’s premises, arose out of and in the course of employment when defendant employer instructed him to use that route for ingress and egress. Defendants contend that the “premises” rule limits the compensability of an employee’s injuries while going to and from work to those occurring on property the employer owns, controls, or maintains. In light of a recent Supreme Court decision on this issue, we must agree.

To be compensable under…