Section EMP.04.04 — Employer Liability

An employer is liable for worker's compensation to a worker when all of the following conditions concur:

(a) Where, at the time of the injury, both the worker and the employer are subject to this Ordinance.

(b) Where the worker sustains an injury. The injury can arise from an accident, a cumulative injury, or an occupational disease that is related to the employment.

(c) Where, at the time of the injury, the worker is performing service growing out of and incidental to his or her employment.

(1) Any worker going to and from his or her employment in the ordinary and usual way, once on the premise of the place of work and in the normal scope of employment, is performing a service growing out of and incidental to employment. The premises of the employer include the premises of any other person on whose premises the worker performs service.

(2) Every worker whose employment requires the worker to travel shall be deemed to be performing service growing out of and incidental to the worker's employment at all times while on a trip, except when engaged in a deviation for a private or personal purpose.

(A) Acts reasonably necessary for living or incidental thereto shall not be regarded as such a deviation. Side trips, while traveling for the employer, are considered a personal deviation.

(B) Any accident or disease arising out of a hazard of such service shall be deemed to arise out of the worker's employment.

(3) A worker is considered to be performing a service growing out of and incidental to the worker's employment during lunch and scheduled breaks, unless the worker leaves the premises of the place of work or engages in activities outside of the normal scope of employment.

(d) Where the injury is not intentionally inflicted to a worker by that worker, a fellow worker, or other party, so that the worker may receive compensation.

(e) Where the cause of the worker's injury arises out of the worker's employment.