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Court Won't Extend 'Positional Risk' Doctrine to Worker's Parking Lot Fall

Thursday, July 21, 2016 | 0

The Nebraska Court of Appeals on Tuesday refused to expand the application of the positional risk doctrine to a worker who twisted her ankle and fell while walking through her employer's parking lot. Nebraska is among a minority of states to have embraced the doctrine, which deems an injury to have arisen in the course of a person's employment if it is the result of a "neutral" risk. Neutral risks are dangers which may be known, but are not associated with employment or personal to a worker, the Court of Appeals explained. "Stray bullets and tornadoes are examples of ...

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