Cheryl Hersh v. County of Morris (071433)
217 N.J. 236
| N.J. | 2014Background
- Cheryl Hersh, a Morris County employee, was given employer-paid parking in a privately owned garage (Cattano Garage) ~2 blocks from her office; the County rented ~65 spaces and told employees to park on the third level but did not assign specific spaces.
- On January 29, 2010, ten minutes before work, Hersh exited the garage and, while crossing a public street en route to her office, was struck by a car and seriously injured.
- Hersh filed for workers’ compensation claiming the injury occurred "in the course of employment" because she had arrived at employer-provided parking.
- A judge of compensation, relying on Livingstone, found the designated parking area part of the employer’s premises and awarded benefits; the Appellate Division affirmed.
- The County appealed to the New Jersey Supreme Court, arguing the garage and public streets were not under the County’s control and thus outside N.J.S.A. 34:15-36 coverage.
- The Supreme Court reversed, holding the County did not control the garage, the ingress/egress route, or the public street, so Hersh had not yet commenced employment for purposes of the Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether employer-paid parking in a private garage makes the garage (and route to work) part of employer's premises under N.J.S.A. 34:15-36 | Hersh: County designated parking (third level) and provided access; parking was connected to County business and thus within premises | County: It rented only spots, did not own/maintain/control the garage, and conferred no route or control over public streets | Held: No — renting spots and directing level did not give County control of garage sufficient to make it employer premises |
| Whether an injury on a public street between the paid garage and workplace is compensable because employee had ``arrived at the employer’s place of employment'' | Hersh: Arrival at employer-provided parking starts employment; employer assumed responsibility by paying for parking | County: Public street is not under employer control; statute excludes areas not under employer control from premises rule | Held: No — injury on public street not controlled by employer is excluded under N.J.S.A. 34:15-36 |
| Whether employer control can be inferred from employer benefit (perks) or parking designation alone | Hersh: Employer benefit from offering parking and retention/perk rationale supports control argument | County: No direct business benefit akin to Livingstone; mere perk/payment doesn't equal control | Held: Employer benefit alone is insufficient; control requires ownership, maintenance, exclusive use, or directed, limited ingress/egress |
| Whether the premises rule should be expansively read to resurrect pre-1979 "going and coming" coverage | Hersh: (implicit) broader reading would cover off-site paid parking | County: Statute deliberately narrowed scope; public areas excluded | Held: Statute limits coverage; Court rejects expansive reading and declines to revive going-and-coming rule |
Key Cases Cited
- Livingstone v. Abraham & Strauss, Inc., 111 N.J. 89 (1989) (employer directive to park in a distant lot created an added hazard and employer-derived benefit making injury compensable)
- Novis v. Rosenbluth Travel, 138 N.J. 92 (1994) (shared parking and lack of employer control over ingress/egress made injury non-compensable)
- Kristiansen v. Morgan, 153 N.J. 298 (1997) (premises rule explained; pivotal questions are situs and employer control)
- Ramos v. M & F Fashions, Inc., 154 N.J. 583 (1998) (employer liability where employees had only specified routes, e.g., elevator regularly used to access workplace)
- Brower v. ICT Group, 164 N.J. 367 (2000) (stairwell providing direct access to employer space constituted part of employer premises)
- Serrano v. Apple Container, 236 N.J. Super. 216 (App. Div. 1989) (employee shortcut through noncontrolled lot was outside course of employment)
- Ehrlich v. Strawbridge & Clothier, 260 N.J. Super. 89 (App. Div. 1992) (employer-designated external route made off-premises area compensable)
- Cannuscio v. Claridge Hotel, 319 N.J. Super. 342 (App. Div. 1999) (assault on public sidewalk after leaving workplace was non-compensable when sidewalk not under employer control)
- Bradley v. State, 344 N.J. Super. 568 (App. Div. 2001) (employer control over specific ingress/egress routes from a parking lot can render injuries compensable)