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Case Name | Esquivel v. WCAB | |
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Date | 10/13/2009 | |
Note | The employer bears the risk of incurring compensability liability under the Act for an injury an employee suffers during travel to or from a medical appointment related to an existing compensable injury while the employee is traveling a reasonable distance, within a reasonable geographic area, to or from that appointment. | |
Citation | D054197 | |
WCC Citation | WCC 35712009 CA |
For reasons unrelated to her need for that treatment, Esquivel drove about 130 miles to her mother's home in Hesperia, in San Bernardino County. With respect to those injuries, Esquivel was insured through her employer for workers' compensation by New Hampshire Insurance Company. B. Esquivel's New Injuries and Amended Workers' Compensation Claim In May 2007*fn1 Esquivel resided in the City of San Diego. Esquivel later claimed that her motor vehicle accident injuries were a compensable consequence of her industrial injuries. The WCJ awarded Esquivel temporary disability indemnity in a specified weekly amount, plus further medical treatment.
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