October 30, 2017
An employee fell at work while walking and broke her hip. There was no spill or other hazard on the walking surface, but the employee said the floor was “tacky.” Does she get workers’ comp?
Ann White fell as she walked through an exam room at Five Rivers Health Center in Ohio to deliver mail. She filed a workers’ comp claim for her broken hip. The Ohio Industrial Commission denied her comp request, but a trial court reversed that decision. Five Rivers appealed.
White said the exam room floor was “tacky,” and that caused her fall. At trial, she presented a report from an expert who examined the floor two weeks after her fall. The expert said the floor may have been stripped but not yet rewaxed at the time of White’s fall.
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