SANTA ANA UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, DIANE FLEMING, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADIANE FLEMING, Applicant,vs.SANTA ANA UNIFIED SCHOOL DISTRICT,Permissibly Self-Insured, Defendants.Case No. ADJ429247 (ANA 0407707)OPINION AND DECISION AFTER RECONSIDERATION We previously granted defendant’s petition for reconsideration in order to obtain and review a trial transcript of testimony taken on June 18, 2008. We received the transcript. This is our decision after reconsideration. Defendant, Santa Ana Unified School District, challenges the September 16, 2008 decision of the workers’ compensation administrative law judge (WCJ) who found that Diane Fleming (applicant), a teacher, sustained industrial injury on January 25, 2008, when she fell down the stairs at home while on the way to work. The WCJ reasoned that she was not able to perform her duties at work because of a break-in at her school and she had to finish her work at home, making her home a second worksite. Thus, the WCJ found her injury compensable as an exception to the “going and coming” rule when the injury occurred on her steps at home while transporting school work and materials to her school work site. Defendant asserts that applicant “had enough time to finish her work at school, that a break- in at the school and the memorandum following thereafter did not limit the times applicant 25, remained at work, and that the laptop was issued for her convenience; thus creating a white-collar 2E exception which the legislature and the California Supreme Court have refused to do.” , In her Report and Recommendation, the WCJ recommended that defendant’s petition be denied for reasons set forth in the report. Applicant has filed an answer to the petition. For the reasons set forth below we will grant reconsideration and find no industrial injury.Background The issue of injury arising out of and in the co
Diane Fleming, vs. Santa Ana Unified School District, Permissibly Self-insured,
(ANA 0407707) is a case in which the Santa Ana Unified School District challenged the decision of the Workers' Compensation Administrative Law Judge (WCJ) who found that Diane Fleming, a teacher, sustained an industrial injury on January 25, 2008, when she fell down the stairs at home while on the way to work. The WCJ reasoned that she was not able to perform her duties at work because of a break-in at her school and she had to finish her work at home, making her home a second worksite. The WCJ found her injury compensable as an exception to the "going and coming" rule when the injury occurred on her steps at home while transporting school work and materials to her school work site. After reconsider
- Filed On:
- Court: California, Santa Ana
- Case No. ADJ429247
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