Avalon Structural, And Ace Insurance Company, Administered By Esis Antonio Ruiz WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANTONIO RUIZ, Applicant,vs.AVALON STRUCTURAL, and ACE INSURANCE COMPANY, Administered by ESIS, Defendants).Case No. SAL 0113698OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant Antonio Ruiz seeks reconsideration of the April 20. 2007. Findings and Award wherein it was found that applicant, bom January 23. 1969. sustained an injury on February 3. 2006. that did not arise out of or occur in the course of employment. Applicant contends that the workers’ compensation administrative law judge (WCJ) erred in failing to find industrial injury under the “special mission” exception to the “going and coming rule.” Specifically, applicant sets forth that 1) the employees made multiple stops to pick up materials that were needed at work that day, and did so with the implied, if not the express, consent of the employer; 2) the employees contacted a supervisor who provided them with masks; and 3) applicant and his co-workers had a good faith belief that they were acting for the benefit of the employer when they stopped to pick up needed supplies and parts on the way to the work site. Based on our review of the record, and for the reasons stated herein, we will grant reconsideration, reverse the WCJ’s decision, and issue a decision after reconsideration that the injury arose out of and occurred in the course of employment. We will defer all other issues and order the case returned to the trial level for further proceedings and decision. At the outset we note that at the hearing of March 6. 2007, Mr. Antonio Rayas, a , supervisor, was called as an adverse witness by applicant and under cross-examination testified:”He is employed by Avalon Construction as a supervisor. He wasa supervisor on 213/06 but was not the supervisor of the job sitewhere Applicant was to be wo
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