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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ10204439
Regular
Sep 02, 2016

JEFF SMITH vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board denied the County of Riverside's petition for reconsideration. The Board found that Deputy Sheriff Jeff Smith's injury, sustained en route to mandatory employer-ordered training, fell under the "special mission" exception to the "going and coming rule." The training's deviation in location, time, and nature from Smith's regular duties satisfied the three-part test for a special mission. Therefore, Smith's injury was deemed to have arisen out of and occurred in the course of employment.

going and coming rulespecial mission exceptionspecial errand exceptionDeputy Sherifftraffic investigation classBen Clark Training Centermotor vehicle accidentcourse of employmentroutine dutiesemployer's benefit
References
Case No. ADJ2136789 (MON 0357209)
Regular
Feb 27, 2012

ROBERT FLORES vs. GARNET PROTECTIVE SERVICES AND SECURITY, INC., JOSEPH'S CAFE, INC., PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the original decision, and found the applicant was solely employed by Garnet Protective Services, not Joseph's Cafe. The Board further determined the applicant did not sustain an industrial injury on July 12, 2007. The majority concluded the applicant's commute to an extra shift did not constitute a special mission and fell under the "going and coming" rule. A dissenting commissioner argued the extra shift constituted a special mission, making the injury compensable.

Workers' Compensation Appeals BoardGarnet Protective ServicesJoseph's CafePennsylvania Manufacturers' Insurance CompanyUninsured Employers Benefits Trust FundPetition for ReconsiderationArbitrator's DecisionEmployee StatusDual EmploymentSpecial Employer
References
Case No. ADJ7987695 ADJ7987686
Regular
May 08, 2014

VANESSA BRUCE vs. VALLEY HEALTH SYSTEM/PHYSICIANS FOR HEALTHY HOSPITALS; CRUM & FORSTER AND TRISTAR RISK MANAGEMENT

The applicant, a licensed vocational nurse, sought workers' compensation for injuries sustained when she fell asleep driving home after working three extra hours off the clock due to a coworker's issue. The Workers' Compensation Appeals Board (WCAB) denied her petition for reconsideration. The WCAB found the injury did not arise out of or occur in the course of employment, as the "going and coming rule" applied and neither the "special mission" nor "special risk" exceptions were met. The applicant's decision to stay late was voluntary, not at the employer's request, and falling asleep while driving is a common risk, not a special employment-related hazard.

Workers' Compensation Appeals BoardLicensed Vocational NurseSpecific InjuryNeck InjuryBack InjuryHeadachesCumulative InjurySleep DisorderGoing and Coming RuleSpecial Mission Exception
References
Case No. ADJ7269472
Regular
Mar 20, 2012

SHARON EWEGBEMI vs. OAKLAND UNIFIED SCHOOL DISTRICT

The Appeals Board granted reconsideration of a WCJ's finding that the applicant did not sustain an injury in the course of employment. The applicant argued exceptions to the going-and-coming rule, including special mission, dual purpose, special risk, and required vehicle exceptions. Reconsideration was granted because crucial hearing minutes and summary of evidence were missing from the record, and the original WCJ was unavailable. This prevents the Board from issuing a just decision and necessitates further review.

Workers' Compensation Appeals BoardGoing and Coming Rule ExceptionSpecial Mission ExceptionSpecial Risk ExceptionRequired Vehicle ExceptionCourse of EmploymentSidewalk InjuryConstructive PremisesPetition for ReconsiderationFindings and Order
References
Case No. ADJ10147686
Regular
Jun 12, 2017

TOBY LAPESARDE vs. CALIFORNIA DEPARTMENT OF CORECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a prior decision finding the applicant's injury compensable. The Board rescinded the original findings and returned the case for further proceedings to determine if the "special risk" exception to the going-and-coming rule applies. The WCJ initially found the injury compensable under the "special mission" exception, but the Board noted credibility issues regarding the applicant's assertion of mandatory overtime. The applicant sustained injuries in a motor vehicle accident while commuting home after working a double shift.

Workers' Compensation Appeals BoardIndustrial InjuryLicensed Vocational NursePetition for ReconsiderationFindings of FactGoing and Coming RuleSpecial Mission ExceptionSpecial Risk ExceptionMandatory OvertimeCollective Bargaining Agreement
References
Case No. ADJ10821758
Regular
Dec 16, 2019

EMILIA MONGE vs. SEAN BROSMITH and HSIU-YEN BROSMITH; FEDERAL INSURANCE COMPANY, administered by CHUBB GROUP OF INSURANCE COMPANIES

The Workers' Compensation Appeals Board denied reconsideration of a decision that found an applicant's injury compensable. The Board adopted the WCJ's reasoning that the applicant's injury occurred during a special mission for the employer, specifically while fueling a company vehicle to prepare for subsequent duties. Furthermore, the applicant was compensated for travel time and used an employer-provided vehicle, both of which create exceptions to the "going and coming" rule. Finally, the Board determined that the statute of limitations was tolled because the employer failed to provide the applicant with notice of her workers' compensation rights.

Going and Coming RuleSpecial Mission ExceptionEmployer Furnished VehicleCompensated Travel TimeWCAB Rule 10848Petition for ReconsiderationStatute of LimitationsIndustrial CausationLabor Code §5403Tolled Statute of Limitations
References
Case No. ADJ6490654
Regular
Nov 23, 2009

KI B. CHOI vs. UNION LEE CONSTRUCTION, INC., STATE COMPENSATION INSURANCE FUND

The WCAB denied applicant's petition for reconsideration of the September 10, 2009 Findings and Order, affirming the WCJ's decision that the applicant did not sustain an industrial injury. The applicant's injury occurred during his commute home, and the court found that the special mission/errand exception and other arguments did not apply.

Going and coming rulespecial mission exceptionspecial risk exceptioncommercial traveler ruleLabor Code section 5402presumption of compensabilitycourse of employmentindustrial injurypetition for reconsiderationWCJ report and recommendation
References
Case No. ADJ7304028
Regular
Jan 16, 2013

ROBERT DECOURCEY, JR. vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded its prior finding of injury for Robert Decourcey, Jr. This decision follows a Court of Appeal ruling that a shift swap did not constitute a "special mission" exception to the going and coming rule. Therefore, Decourcey's injury sustained during his commute after the shift exchange was not deemed industrial. The applicant is awarded nothing for his claim except for potential reimbursement of medical-legal costs.

Workers' Compensation Appeals BoardOpinion and Decision After Remittiturgoing and coming rulespecial mission exceptionspecial risk exceptionshift swapcorrectional officerindustrial injuryCourt of AppealPetition for Review
References
Case No. ADJ2112759 (ANA 0406243)
Regular
Feb 22, 2009

Matt Todd vs. INTERNATIONAL TRANSPORTATION SERVICES, THE HARTFORD

The Workers' Compensation Appeals Board reversed a finding that applicant Matt Todd sustained an industrial injury during his commute. The Board determined that Todd's motorcycle accident en route from the Union Hall to the employer's premises was barred by the "going and coming" rule. Todd failed to establish that the trip was an extraordinary mission or that the commute involved a special risk distinct from the general public. Furthermore, the Board found insufficient evidence that the Union Hall acted as the employer's agent in dispatching Todd.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryMotorcycle AccidentCommuteUnion HallCasual LaborerGoing and Coming RuleSpecial Mission DoctrineSpecial Risk Exception
References
Case No. ADJ21 56157 (VNO 0518450)
Regular
Apr 11, 2016

RYAN LEE (Deceased), CYNTHIA VALENZUELA (widow) vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATIONSATF, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's findings regarding the deceased correctional officer's "special mission" status and the dependents. The Board confirmed the WCJ's finding that the death was industrial under Government Code section 21537 for CALPERS benefits, which the widow irrevocably elected. All other workers' compensation death benefit claims for the minor children, burial expenses, and attorney fees were properly bifurcated for future proceedings. The case was returned to the trial level for further development on these bifurcated issues.

CALPERSspecial death benefitgoing and coming rulespecial mission exceptionindustrial causationAgreed Medical ExaminerdependencybifurcationLantz v. Workers' Comp. Appeals Bd.Government Code section 21537
References
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