D.H. SMITH COMPANY, INC.; ICW AFTER GROUP, FERNANDO MARTINEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFERNANDO MARTINEZ, Applicant, vs.D.H. SMITH COMPANY, INC.; ICW AFTER GROUP, Defendant,Case No. ADJ271398 (SFO 0505138)OPINION AND ORDERS DENYING DEFENDANT’S PETITION FOR RECONSIDERATION, GRANTING APPLICANT’S PETITION FOR RECONSIDERATION, AND DECISION RECONSIDERATION Applicant and defendant each seek reconsideration of the March 26, 2009 Findings and Order of the workers’ compensation administrative law judge, who ordered that applicant take nothing by way of his claim of industrial injury incurred as a result of a vehicle collision based upon the following finding: “Applicant’s injury was taken out of the scope of employment, in that the cause of applicant’s injury was that applicant increased the risk of injury to applicant and his son and the public and to property and liability of defendant, in violating a specific employer direction not to drive the company truck because he had no driver’s license, and was not authorized by the company to drive a company vehicle, and that his sons should be the only ones to drive the truck.” The WCJ further found that the injury claim was not barred by the “going and coming rule” because, “driving the vehicle without a drivers license contrary to the admonition of the employer did not constitute a material deviation from the route of the authorized transport of the truck and passengers to the job site.” Applicant contends that the WCJ should have found that his injuries arose out of and occurred in the course of his employment.Defendant contends that the WCJ should have determined that applicant’s claim is barred by the “going and coming” rule , We grant applicant’s petition for reconsideration, rescind the March 26, 2009 Findings and Order and enter a new finding that applicant’s injuries arose out of and occurred in t
