Johnson v. Holdrege Medical Clinic

While I concur with the majority’s judgment in this case, I write separately because I do not believe that the premises rule should be a bright-line rule for which there is never an exception. The premises rule is, of course, one subcategory of the familiar “going to and from work” rule in workers’ compensation cases.

I. “GOING TO AND FROM WORK” RULE

In Nebraska, the rule is that an injury sustained by an employee while going to and from work, at a fixed place of employment, does not arise out of and in the course of employment, subject to a few limited exceptions. See, P.A.M. v. Quad L.…