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Case Name | Munyon v. Ole's Inc. | |
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Date | 10/19/1982 | |
Note | Injury not compensable where employee injured while picking up paycheck at place/ time of employee's convenience. | |
Citation | 136 Cal. App. 3d 697 | |
WCC Citation | WCC 30531982 CA |
No. 63837 October 19, 1982 LEE MUNYON ET AL. , PLAINTIFFS AND APPELLANTS, v. OLE'S, INC. , DEFENDANT AND RESPONDENT Superior Court of Los Angeles County, No. NCC18633B, Thomas C. Murphy, Judge. She returned to her automobile and had proceeded one block from the Ole's store when she struck plaintiff Lee Munyon. The burden of proof is on the plaintiff to demonstrate that the negligent act was committed within the scope of employment. As a general rule, whether an act is within the scope of employment is a question of fact. However, where the facts are undisputed and no conflicting inferences are possible, the question is one of law.
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