Home/Case Law/ABEL RIANO TORRES vs. EAS FARM LABOR, STAR INSURANCE COMPANY, MEADOWBROOK INSURANCE GROUP
Regular DecisionReconsideration

ABEL RIANO TORRES vs. EAS FARM LABOR, STAR INSURANCE COMPANY, MEADOWBROOK INSURANCE GROUP

Filed: Sep 24, 2018
Marina Del Rey
ADJ10426125

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration of a decision barring applicant Abel Riano Torres's claim under the "coming and going rule." The administrative law judge (WCJ) found the applicant did not sustain injury arising out of and occurring during the course of employment. Applicant argued his own transportation was implicitly required to reach various job locations, creating an exception to the rule. However, the Board adopted the WCJ's reasoning, distinguishing this case from relevant precedent due to the applicant's testimony indicating a fixed worksite and no compensation for travel time. The Board also noted the petition lacked sufficient record citations to support the applicant's arguments.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration of a decision barring applicant Abel Riano Torres's claim under the "coming and going rule." The administrative law judge (WCJ) found the applicant did not sustain injury arising out of and occurring during the course of employment. Applicant argued his own transportation was implicitly required to reach various job locations, creating an exception to the rule. However, the Board adopted the WCJ's reasoning, distinguishing this case from relevant precedent due to the applicant's testimony indicating a fixed worksite and no compensation for travel time. The Board also noted the petition lacked sufficient record citations to support the applicant's arguments.

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