Home/Case Law/STEPHEN MARTIN BLOXHAM vs. LITHIA FORD MAZDA SUZUKI, HARTFORD ACCIDENT & INDEMNITY, ESIS
Regular DecisionRegular Panel Decision

STEPHEN MARTIN BLOXHAM vs. LITHIA FORD MAZDA SUZUKI, HARTFORD ACCIDENT & INDEMNITY, ESIS

Filed: May 15, 2015
Fresno
ADJ8550333

CompFox AI Summary

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration. The Board affirmed the finding that a car salesman's injuries from a car accident while purchasing cigarettes on a paid, employer-authorized break arose out of and occurred in the course of employment. This falls under the personal comfort doctrine, an exception to the going and coming rule, and the employer's encouragement of "prospecting" at the store further supported coverage. The Board rejected the defendant's argument that smoking's health detriments should disqualify it from the personal comfort doctrine.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration. The Board affirmed the finding that a car salesman's injuries from a car accident while purchasing cigarettes on a paid, employer-authorized break arose out of and occurred in the course of employment. This falls under the personal comfort doctrine, an exception to the going and coming rule, and the employer's encouragement of "prospecting" at the store further supported coverage. The Board rejected the defendant's argument that smoking's health detriments should disqualify it from the personal comfort doctrine.

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