Disneyland, Disney World Wide Services, Permissibly Self-Insured Suzanne Singer WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASUZANNE SINGER, Applicant,vs.DISNEYLAND, DISNEY WORLD WIDE SERVICES, Permissibly Self-Insured, Defendant.Case No. ADJ1805486 (GOL 0100327)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISIONAFTER RECONSIDERATION Applicant seeks reconsideration of the February 24, 2010 Findings and Order wherein the workers’ compensation administrative law judge found that the applicant did not sustain an injury arising out of and in the course of her employment “due to major deviation from a special mission exception to the going and coming rule” and because the accident was caused by intoxication. Applicant contends that the WCJ erred in finding that she did not sustain an industrial injury, arguing that she did not deviate from the special errand she was sent on by her employer and that the defendant is estopped from claiming the intoxication defense because the employer permitted the intoxication of its employees. We have considered the petition for reconsideration, and we have reviewed the record in this matter. We have received an answer from defendant. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. For the reasons discussed below, we will grant reconsideration, amend the Findings and Order to find that the applicant did not sustain an industrial injury on October 7, 2004, and otherwise affirm.BACKGROUND The applicant was employed by Walt Disney to perform the role of Mickey Mouse for approximately 15 years. In October of 2004, the applicant was off work due to an admitted , cumulative trauma injury to her neck and upper extremity. She was invited by her employer to a service award dinner on October 6, 2004 at the Disneyland Hotel to receive an award for her long tenure. (Exhibit 1, November 5, 2008 report, p. 4.) T
Suzanne Singer vs. Disneyland, Disney World Wide Services, Permissibly Self-Insured
This case involves Suzanne Singer, an employee of Disneyland, who was injured in a car accident while driving home from an awards dinner hosted by her employer. The Workers' Compensation Appeals Board found that the injury did not arise out of and in the course of her employment due to a major deviation from a special mission exception to the going and coming rule and because the accident was caused by intoxication. The Board granted reconsideration and amended the Findings and Order to find that the applicant did not sustain an industrial injury on October 7, 2004, and otherwise affirmed.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ1805486
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