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The Workers' Compensation Appeals Board (WCAB) reversed a prior finding, holding that the applicant's injury sustained during his commute to work is barred by the going and coming rule. While the WCJ found a transportation exception applied due to the employer potentially benefiting from the applicant's personal vehicle, the WCAB found no such exception was proven. The Board emphasized that the applicant was commuting outside of work hours in his personal car, and no evidence indicated he was engaged in a special mission or that the employer required him to use his own vehicle. Therefore, the applicant's claim was denied as it did not arise out of or occur in the course of employment.
CRAIG SCHULTZ vs. JOINT TEST, TACTICS \u0026 TRAINING/JT3, THE HARTFORD is a workers' compensation case decided in Van Nuys. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Van Nuys.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) reversed a prior finding, holding that the applicant's injury sustained during his commute to work is barred by the "going and coming" rule. While the WCJ found a transportation exception applied due to the employer potentially benefiting from the applicant's personal vehicle, the WCAB found no such exception was proven. The Board emphasized that the applicant was commuting outside of work hours in his personal car, and no evidence indicated he was engaged in a special mission or that the employer required him to use his own vehicle. Therefore, the applicant's claim was denied as it did not arise out of or occur in the course of employment.
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