CompFox AI Summary
The Workers' Compensation Appeals Board denied the employer's petition for reconsideration of an award to an employee injured by a COVID-19 vaccine. The Board found the injury arose out of and in the course of employment, citing the "dual purpose" rule where the employer strongly encouraged vaccination to reduce employee absences. The Board also applied the "personal convenience" doctrine, stating acts for comfort and convenience while at work are incidental to employment. Therefore, the employee's vaccine injury was deemed work-related, and the employer is liable.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the employer's petition for reconsideration of an award to an employee injured by a COVID-19 vaccine. The Board found the injury arose out of and in the course of employment, citing the "dual purpose" rule where the employer strongly encouraged vaccination to reduce employee absences. The Board also applied the "personal convenience" doctrine, stating acts for comfort and convenience while at work are incidental to employment. Therefore, the employee's vaccine injury was deemed work-related, and the employer is liable.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.