Grocery worker hit by car during 15-minute break entitled to comp - Business Insurance

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Grocery worker hit by car during 15-minute break entitled to comp - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Grocery worker hit by car during 15-minute break entitled to comp by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Jul 15, 2026 A Pennsylvania appeals court on Wednesday affirmed workers compensation benefits for a Giant Eagle Inc. pharmacy technician who was struck by a vehicle while crossing the street to obtain food during a mandatory 15-minute break. The worker suffered fractures to her right shoulder and left leg in August 2021 while crossing a busy road directly in front of the Pittsburgh grocery store where she worked, according to Giant Eagle Inc. v. Baker. A workers compensation judge initially denied her claim, finding that she had clocked out, left the store and was not furthering Giant Eagle’s business when she was injured. The Workers’ Compensation Appeal Board reversed and remanded the case, concluding that the worker remained in the course of her employment. A different workers compensation judge subsequently awarded her total and partial disability benefits, and the board affirmed that decision. The Commonwealth Court of Pennsylvania upheld the board’s ruling, finding that the worker’s brief trip to obtain food fell under the personal-comfort doctrine. Although the break was formal and she was free to leave the store, its 15-minute duration limited her autonomy because obtaining food was essentially all she had time to do, the majority said. The court also rejected Giant Eagle’s argument concerning the worker’s jaywalking, holding that contributory negligence generally is not a defense to a workers compensation claim. A dissent argued that the ruling departed from precedent distinguishing informal personal-comfort breaks from formal, unpaid breaks during which employees are free from their duties. Two judges joined or issued the dissent, and a third judge separately noted her dissent. 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