Fred Banales vs. Bank of America, Gallagher Bassett

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that denied applicant Fred Banales' claim for industrial injury. The WCAB found that the administrative law judge (WCJ) may have improperly focused on the applicant's cell phone use and the accident occurring on a public street, rather than the potential special risk exception to the going-and-coming rule. The Board rescinded the prior findings and returned the case to the trial level for further proceedings, including the admission of additional evidence like the police report, to determine if the employer's parking lot exit posed a special risk.