Home/Case Law/Antonio Leyva vs. Emmons Roof Service, Barrett Business, Corvel Sacramento
Regular DecisionReconsideration

Antonio Leyva vs. Emmons Roof Service, Barrett Business, Corvel Sacramento

Filed: May 04, 2009
San Francisco
ADJ3459373 (VNO 0543932)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to reverse a previous award, finding applicant Antonio Leyva's injury did not arise out of and occur in the course of employment. The Board determined the "going and coming rule" applied, as Leyva's earlier start time for his roofing job was not an extraordinary circumstance constituting a "special mission." Therefore, the commute to the job site was not covered.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to reverse a previous award, finding applicant Antonio Leyva's injury did not arise out of and occur in the course of employment. The Board determined the "going and coming rule" applied, as Leyva's earlier start time for his roofing job was not an extraordinary circumstance constituting a "special mission." Therefore, the commute to the job site was not covered.

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