Brower v. ICT GROUP

The Court finds in favor of compensability, based on its conclusion that the stairway on which the injury occurred was tantamount to a private staircase, thereby making the area part of the *375employer’s premises in satisfaction of the test required under the workers’ compensation statute. I hold a contrary view. I believe that in the absence of the employer’s business use or ownership of the stairway, an employee’s idiosyncratic use does not support a finding that the stairway is an extension of the employer’s premises. Further, in my view, an employer does not “control” a stairwell merely…