Home/Case Law/EMILIA MONGE vs. SEAN BROSMITH and HSIU-YEN BROSMITH; FEDERAL INSURANCE COMPANY, administered by CHUBB GROUP OF INSURANCE COMPANIES
Regular DecisionReconsideration

EMILIA MONGE vs. SEAN BROSMITH and HSIU-YEN BROSMITH; FEDERAL INSURANCE COMPANY, administered by CHUBB GROUP OF INSURANCE COMPANIES

Filed: Dec 16, 2019
Van Nuys
ADJ10821758

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration of a decision that found an applicant's injury compensable. The Board adopted the WCJ's reasoning that the applicant's injury occurred during a special mission for the employer, specifically while fueling a company vehicle to prepare for subsequent duties. Furthermore, the applicant was compensated for travel time and used an employer-provided vehicle, both of which create exceptions to the "going and coming" rule. Finally, the Board determined that the statute of limitations was tolled because the employer failed to provide the applicant with notice of her workers' compensation rights.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration of a decision that found an applicant's injury compensable. The Board adopted the WCJ's reasoning that the applicant's injury occurred during a special mission for the employer, specifically while fueling a company vehicle to prepare for subsequent duties. Furthermore, the applicant was compensated for travel time and used an employer-provided vehicle, both of which create exceptions to the "going and coming" rule. Finally, the Board determined that the statute of limitations was tolled because the employer failed to provide the applicant with notice of her workers' compensation rights.

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EMILIA MONGE vs. SEAN BROSMITH and HSIU-YEN BROSMITH; FEDERAL INSURANCE COMPANY, administered by CHUBB GROUP OF INSURANCE COMPANIES (2019) – Van Nuys | CompFox