Ortt v. WCAB (PPL Services Corp.)

In Ortt v. Workers' Compensation Appeal Board (PPL Services Corp.), 874 A.2d 1264, 1267 (Pa. Cmwlth. 2005), the claimant slipped and fell on ice in the "Colonial Parking Lot" while walking to her car after work. The employer owned four parking lots and also leased 174 parking spaces from Colonial Parking, which the employer offered to its employees at a reduced cost. The remainder of the parking lot was open to the general public, and Colonial Parking was responsible for maintaining the lot. The Court affirmed the denial of the claimant's claim petition on the basis that the Colonial Parking Lot was not part of the employer's premises because it was not integral to the employer's business. Relevant to this determination were the facts that the lot was owned and operated by a private company; the claimant was not required to park in that particular lot; and the claimant paid for her own parking space. The employer leased parking spaces in a commercial parking lot owned and operated by a third party and gave employees the option of renting a space at a reduced rate. Ortt, 874 A.2d at 1265-66. The Court held that the parking lot was not an integral part of the employer's business because use of the lot was purely optional and employees were responsible for paying for spaces. Id. at 1267-68. Significantly, however, the parking lot in Ortt was located approximately one block from the employer's building. Id. at 1266.