Home/Case Law/GUILLERMO RESTREPO vs. SAN GORGONIO MEMORIAL HOSPITAL, ALPHA FUND
Regular DecisionRegular Panel Decision

GUILLERMO RESTREPO vs. SAN GORGONIO MEMORIAL HOSPITAL, ALPHA FUND

Filed: Oct 19, 2017
Anaheim
ADJ9896370

CompFox AI Summary

The applicant sought compensation for an industrial injury sustained in a car accident while commuting to work, arguing it fell under exceptions to the going and coming rule. The Workers' Compensation Appeals Board (WCAB) affirmed the administrative law judge's denial of the claim. The WCAB found the applicant's testimony regarding the necessity of using his personal vehicle for work-related tasks lacked credibility. Crucially, the evidence did not establish that the employer expressly or impliedly required the applicant to use his vehicle or that such use was a custom and practice relied upon by the employer.

Full Decision Text1 Pages

The applicant sought compensation for an industrial injury sustained in a car accident while commuting to work, arguing it fell under exceptions to the going and coming rule. The Workers' Compensation Appeals Board (WCAB) affirmed the administrative law judge's denial of the claim. The WCAB found the applicant's testimony regarding the necessity of using his personal vehicle for work-related tasks lacked credibility. Crucially, the evidence did not establish that the employer expressly or impliedly required the applicant to use his vehicle or that such use was a custom and practice relied upon by the employer.

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GUILLERMO RESTREPO vs. SAN GORGONIO MEMORIAL HOSPITAL, ALPHA FUND (2017) – Anaheim | CompFox