X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

We granted Collie Concessions’s application for a discretionary appeal to review the order of the superior court reversing the Appellate Division of the State Board of Workers Compensation’s adoption of the administrative law judge’s “ALJ” denial of benefits to Lillie Bruce. Based on the reasons set forth below, we reverse. In the absence of legal error, the factual findings of the State Board of Workers’ Compensation must be affirmed by the superior court and by the Court of Appeals when supported by any evidence in the administrative record. However, erroneous applications of law to undisputed facts, as well as decisions based on erroneous theories of law, are subject to the de novo standard of review.1 The facts are undisputed, and our review is de novo. The injury occurred on April 10, 2002, when Bruce was on her way to work as a cashier for Collie Concessions at the Masters Golf Tournament. Collie Concessions had a contract with Augusta National Golf Club/Masters Tournament to provide food and beverage concession services for the Masters Golf Tournament. Bruce only worked for Collie Concessions during the week of the Masters and had done so annually since 1981. On the day in question, Bruce rode to work with Mae and Rebecca Gilmer, with whom she had been riding for the previous 12 to 14 years. Gilmer parked in the yard of a house located on the corner of Cherry Lane and Berckman Road the “Cherry Lane lot”.2 Collie Concessions had been allotted by the tournament director 25 passes for its employees to park in this lot. It gave them to its cashiers, managers, and assistant managers on a first come first serve basis. Collie Concessions did not own, maintain, or have control of the Cherry Lane lot. The lot was also utilized by persons unaffiliated with Collie Concessions.

Bruce was assigned to Concession Stand 5 and was required to enter the tournament grounds through Gate 7, which was located on Berckman Road. The Cherry Lane lot was located approximately 100 yards south of Gate 7. When Bruce reached the temporary pedestrian crosswalk that traversed Berckman Road and ended at Gate 7, she began to cross the street and was struck by a motor vehicle.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More

Professor of Law Columbia Law School is seeking to hire one or more tenured faculty members in the area of law. Position will include te...


Apply Now ›

Senior Staff Associate I This position will collaborate with the Director and Research Staff of the Center for Public Research & Le...


Apply Now ›

Description: Fox Rothschild has an opening in the Washington, D.C. office for an aviation associate in the litigation department. The ideal ...


Apply Now ›