Workers Compensation for Employee on Break
I have a question related to a CGL claim. The insured's employee left the building, and was walking to a nearby restaurant, on her break, for a soda when she tripped on a sidewalk crack in the common area.
A little more info about the situation: There are no official breaks, but the owner does not object if someone leaves for a break. They are not done daily, only occasionally. California law requires a break each 4 hours. There is no on site area for a break at the insured's office, no table, vending, etc. The employee did not have to clock in or out, so is paid while on a “break”. The area where the employee fell is 82 feet away from the insured's office. This is a straight (strip mall) building with a continuous walk past each door. The walk parallels a parking lot, not a public street.
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