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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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3rd District Court of Appeal Limits Application of the Special Risk and Dual Purpose Exceptions

Posted by:  Sure S. Log
Topics: Going and Coming Rule distinctive risk special risk zone of danger immediate vicinity dual purpose mixed purpose

Under the going and coming rule, an employee's injury while commuting to and from work is not compensable under the workers' compensation system, absent special or extraordinary circumstances. That's because long ago, the California Supreme Court believed that an employee going to and from the place of employment did not render any service for the employer. (Ocean Accident and Guarantee Co. v. IAC (1916) 173 Cal. 313, 322.) Although the going and coming rule remains, "It has generated a multitude of exceptions which threaten, at times, to defeat the rule entirely." (Santa Rosa Junior College v. WCAB (Smythe) (1985) 40 Cal. 3d 345, 348.) So, the Workers' Compensation Appeals Board (WCAB) frequently finds injuries incurred while traveling to and from work to be compensable.

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