Author Question: Workers' Compensation laws. The Touch of Class Lounge is in a suburban shopping plaza, or strip ... (Read 64 times)

SGallaher96 · **on:** Jun 24, 2018

Workers' Compensation laws. The Touch of Class Lounge is in a suburban shopping plaza, or strip mall, in Omaha, Nebraska. Patricia Bauer, the Lounge's owner, does not own the parking lot, which is provided for the common use of all of the businesses in the plaza. Stephanie Zoucha was a bartender at the Lounge. Her duties ended when she locked the door after closing. On June 4, 2001, at 1:15 A.M., Zoucha closed the bar and locked the door from the inside. An hour later, she walked to her car in the parking lot, where she was struck with

Question 2

An express ratification takes place when the principal behaves as if she has the intention of ratifying an unauthorized agreement.
a. True
b. False
Indicate whether the statement is true or false

lgoldst9 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

Workers' compensation laws
The court denied her petition, and two state intermediate appellate courts upheld the denial. Zoucha appealed to the Nebraska Supreme Court, which reversed the lower court's decision and remanded the case for a determination of benefits. The state supreme court recognized that to recover workers' compensation, a claimant must establish that an injury was an accident and arose out of and in the course of his or her employment. An injury arises in the course of the employment when it takes place within the period of the employment, at a place where the employee reasonably may be, and while the employee is fulfilling work duties or engaged in doing something incidental thereto. Parking lots owned by an employer are generally considered part of the employer's premises for workers' compensation purposes. This rule also applies if a shopping center parking lot is used by employees of businesses located in the center, because t would be impractical and illogical to require actual ownership or control of a parking lot by a tenant in a shopping plaza consisting of multiple independent businesses. Furthermore, an employee leaving the premises of her employer in the usual and customary way after her work is ended is within the course of her employment. Here, Zoucha, while leaving her employment, walked directly from the Lounge to her car, which was parked on the premises of her employer, where she was assaulted. Thus, Zoucha's injuries arose out of and in the course of her employment and are compensable.

Answer to Question 2

FALSE