Home/Case Law/TOBY LAPESARDE vs. CALIFORNIA DEPARTMENT OF CORECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND
Regular DecisionRegular Panel Decision

TOBY LAPESARDE vs. CALIFORNIA DEPARTMENT OF CORECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

Filed: Jun 12, 2017
Los Angeles
ADJ10147686

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of a prior decision finding the applicant's injury compensable. The Board rescinded the original findings and returned the case for further proceedings to determine if the "special risk" exception to the going-and-coming rule applies. The WCJ initially found the injury compensable under the "special mission" exception, but the Board noted credibility issues regarding the applicant's assertion of mandatory overtime. The applicant sustained injuries in a motor vehicle accident while commuting home after working a double shift.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of a prior decision finding the applicant's injury compensable. The Board rescinded the original findings and returned the case for further proceedings to determine if the "special risk" exception to the going-and-coming rule applies. The WCJ initially found the injury compensable under the "special mission" exception, but the Board noted credibility issues regarding the applicant's assertion of mandatory overtime. The applicant sustained injuries in a motor vehicle accident while commuting home after working a double shift.

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TOBY LAPESARDE vs. CALIFORNIA DEPARTMENT OF CORECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND (2017) – Los Angeles | CompFox