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The Workers' Compensation Appeals Board reversed a prior decision that denied applicant William Hufford's claim for benefits. The Board found that the defendants failed to prove either that Hufford was intoxicated at the time of his accident or that any potential intoxication was a proximate cause of the injury. Furthermore, the Board determined that even if the "going and coming rule" would normally apply, an exception exists because the employer provided the vehicle and it was used as an incident of employment. Consequently, Hufford's injury was found to have arisen out of and in the course of employment.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board reversed a prior decision that denied applicant William Hufford's claim for benefits. The Board found that the defendants failed to prove either that Hufford was intoxicated at the time of his accident or that any potential intoxication was a proximate cause of the injury. Furthermore, the Board determined that even if the "going and coming rule" would normally apply, an exception exists because the employer provided the vehicle and it was used as an incident of employment. Consequently, Hufford's injury was found to have arisen out of and in the course of employment.
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