CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and reversed a prior award, finding applicant's injury did not arise out of and occur in the course of employment. The Board determined that the applicant's commute to a fixed job site was not an exception to the "going and coming rule," as the job did not require transportation between multiple work locations nor did the applicant's occasional transport of materials elevate it to a special errand. The Board concluded that the facts were analogous to existing case law where an injury during a regular commute to a fixed employment location is not compensable. Therefore, the applicant was awarded nothing by way of his claim.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and reversed a prior award, finding applicant's injury did not arise out of and occur in the course of employment. The Board determined that the applicant's commute to a fixed job site was not an exception to the "going and coming rule," as the job did not require transportation between multiple work locations nor did the applicant's occasional transport of materials elevate it to a special errand. The Board concluded that the facts were analogous to existing case law where an injury during a regular commute to a fixed employment location is not compensable. Therefore, the applicant was awarded nothing by way of his claim.
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