CompFox AI Summary
The Workers' Compensation Appeals Board granted the employer's petition for reconsideration, reversing a prior award that found the applicant's injury compensable. The Board ruled that the applicant's fall in a parking lot not owned or controlled by the employer, where parking was neither required nor compensated, was barred by the "going and coming" rule. The Board distinguished this case from exceptions that apply when an employer provides or requires parking, emphasizing the applicant's commute was not under employer control. Therefore, the applicant's injury was deemed not to have arisen out of and in the course of employment.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the employer's petition for reconsideration, reversing a prior award that found the applicant's injury compensable. The Board ruled that the applicant's fall in a parking lot not owned or controlled by the employer, where parking was neither required nor compensated, was barred by the "going and coming" rule. The Board distinguished this case from exceptions that apply when an employer provides or requires parking, emphasizing the applicant's commute was not under employer control. Therefore, the applicant's injury was deemed not to have arisen out of and in the course of employment.
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