Lanca, Inc. Dba Lanca Express; Uninsured Employers Benefits Trust Fund Marco Antonio Hernandez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARCO ANTONIO HERNANDEZ, Applicant,vs. LANCA, INC. dba LANCA EXPRESS; UNINSURED EMPLOYERS BENEFITS TRUST FUND, Defendant(s).Case No. LAO 0856142ORDER DENYING RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. Under the “commercial traveler” rule, an employee is regarded as acting within the course of the employment during the entire period of his or her travel upon the employer’s business and, therefore, an injury that occurs when the worker is engaged in a personal activity is compensable if the activity was a reasonable expectation of employment. (LaTourette v. Workers’ Comp. Appeals Bd. (1998) 17 Cal.4th 644, 652 [63 Cal.Comp.Cases 253]; Wiseman v. Industrial Acc. Com. (1956) 46 Cal.2d 570 [21 Cal. Compo Cases 192]; City of Los Angeles v. Workers’ Comp. Appeals Bd. (DeLeon) (2007) 157 Cal.App.4th 78, 83-84 [72 Cal.Comp.Cases 1463].) In Wiseman, an employee on a business trip died when a fire engulfed his hotel room. The fire started while the employee was in the hotel room with a woman, not his wife but registered as such, and there was evidence that they both had been drinking and smoking. The assistant fire marshal attributed the fire to careless smoking by either one or both of them. Nevertheless, although the employee’s death occurred during an adulterous and alcohol-tinged interlude, and , probably resulted from a cigarette being carelessly smoked either by the employee or his female companion, these facts did not cause the death to fall outside the “commercial traveler” rule because it was the em
