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WCAB Defines Boundaries of Special Risk Exception to Going and Coming Rule

Posted by:  Sure S. Log
Topics: Going and Coming Rule AOE/COE distinctive risk zone of employment commute ingress egress necessary means of access premise line rule special risk exception quantitatively greater risk Chairez LC 3600

Injuries sustained during an employee's commute to or from work generally are not compensable under the "going and coming" rule, which deems that such injuries do not arise out of and in the course of employment. The rule, however, has been described as having a "tortuous history," and has numerous exceptions, which make it difficult to uniformly apply. (Price v. WCAB (1984) 37 Cal. 3d 559, 565.)

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Injuries Barred by Criminal Convictions Under LC 3600(a)(8)

Posted by:  Sure S. Log
Topics: LC 3600(a)(8) criminal conviction criminal conduct felony felonious act wobbler Penal Code 17(b) AOE/COE deviation misdemeanor

Labor Code § 3600(a)(8) is an affirmative defense that bars a claim for compensation when the injury is "caused by the commission of a felony, or a crime which is punishable as specified in subdivision (b) of Section 17 of the Penal Code, by the injured employee, for which he or she has been convicted." That defense was enacted in 1986 and originally barred an employee's injury "caused by the commission of a felonious act by the injured employee, for which he or she has been convicted." The statute was amended to its current form in 1993.

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