Home/Case Law/TARA GELLMAN vs. GOLDMAN, MAGDALIN, & KRIKES, LLP, FEDERAL INSURANCE COMPANY
Regular DecisionReconsideration

TARA GELLMAN vs. GOLDMAN, MAGDALIN, & KRIKES, LLP, FEDERAL INSURANCE COMPANY

Filed: Aug 24, 2012
Marina Del Rey
ADJ7136047

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a prior decision. The applicant, an attorney, sought compensation for an injury sustained during her commute, arguing it fell under the "special mission" exception to the "going and coming" rule. The Board found that the applicant failed to prove her activities were extraordinary or undertaken for the employer's benefit, as she routinely worked from home and carried files. Therefore, the injury was deemed to have occurred during a non-compensable commute.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a prior decision. The applicant, an attorney, sought compensation for an injury sustained during her commute, arguing it fell under the "special mission" exception to the "going and coming" rule. The Board found that the applicant failed to prove her activities were extraordinary or undertaken for the employer's benefit, as she routinely worked from home and carried files. Therefore, the injury was deemed to have occurred during a non-compensable commute.

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TARA GELLMAN vs. GOLDMAN, MAGDALIN, & KRIKES, LLP, FEDERAL INSURANCE COMPANY (2012) – Marina Del Rey | CompFox