Home/Case Law/YU QIN ZHU vs. DEPARTMENT OF SOCIAL SERVICES IHSS, YORK RISK SERVICES GROUP, INC.
Regular DecisionWorkers' Compensation

YU QIN ZHU vs. DEPARTMENT OF SOCIAL SERVICES IHSS, YORK RISK SERVICES GROUP, INC.

Filed: Sep 19, 2016
Van Nuys
ADJ10324875

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's decision. The Board found that the applicant, a caregiver for IHSS, did not sustain an injury arising out of and occurring in the course of employment when she was hit by a car while cycling between clients. The Board determined that her commute between clients did not fall under an exception to the "going and coming" rule as she chose her clients, work hours, and method of transportation for her own convenience. Therefore, the Board substituted its own finding that the injury was not compensable.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's decision. The Board found that the applicant, a caregiver for IHSS, did not sustain an injury arising out of and occurring in the course of employment when she was hit by a car while cycling between clients. The Board determined that her commute between clients did not fall under an exception to the "going and coming" rule as she chose her clients, work hours, and method of transportation for her own convenience. Therefore, the Board substituted its own finding that the injury was not compensable.

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