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Garrett v. State of Delaware, Del. Super., C.A. No. 07A-04-004, Vaughn, P.J. (August 29, 2008)

The Board's application of the "coming and going" rule in this case was affirmed by the Superior Court. Claimant slipped and fell on ice in the Delaware Technical and Community College of Terry Campus parking lot in Dover, DE. He was boarding a Fleet Services van at the time as part of his commute to Newport, New Castle County, where he worked for the State of Delaware. Claimant elected to participate in the Fleet Link Program as it was not required by the State, and he was not paid for his time while riding. He paid a monthly fee and riders took turns driving. Fleet Services organized the vanpool, and paid the insurance, maintenance, and fuel from the fees paid by the riders. The Board held, and the Superior Court agreed, that Claimant's injuries did not arise within the "course of employment." The court explained that the only relationship between the employee's work premises and the Del Tech parking lot is that they are both state owned. There is no business relationship between them. Further, Delaware Tech did not create the necessity for Claimant to encounter the hazard as Claimant was not an employee.


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