CompFox AI Summary
Applicant Jose Martinez sought reconsideration of a finding that his injury did not arise out of and occur in the course of employment, as it fell under the "going and coming" rule. The WCJ's initial finding was based on a May 26, 2023 motor vehicle accident occurring while Martinez was driving a company truck home for personal use, specifically to transport scrap metal given to him by his employer. The Appeals Board, adopting the WCJ's report, denied reconsideration, concluding that none of the exceptions to the "going and coming" rule applied, as there was no benefit to the employer for Martinez to take the company truck home once the delivery task was removed.
Full Decision Text1 Pages
Applicant Jose Martinez sought reconsideration of a finding that his injury did not arise out of and occur in the course of employment, as it fell under the "going and coming" rule. The WCJ's initial finding was based on a May 26, 2023 motor vehicle accident occurring while Martinez was driving a company truck home for personal use, specifically to transport scrap metal given to him by his employer. The Appeals Board, adopting the WCJ's report, denied reconsideration, concluding that none of the exceptions to the "going and coming" rule applied, as there was no benefit to the employer for Martinez to take the company truck home once the delivery task was removed.
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