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Exception to Going-and-Coming Rule Not Applicable to Carpool Arranged by Colleague

Friday, May 2, 2025 | 0

A California appeals court annulled a Workers’ Compensation Appeals Board order awarding benefits to a farmworker who was seriously injured while commuting home via a carpool arranged by a co-worker. The 3rd District Court of Appeal said there was no evidence to support the board’s finding that the dual purpose exception to the coming-and-going rule applied to the claim. The court also said the board’s rationale for applying the special risk exception goes beyond what is allowed by case law and could apply any time an employer hires a person without a driver’s license ...

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