This court held that the premises line rule applies to an employee injured in a single-car traffic accident where the employee had entered the work premises. In this case the work premises was an Air Force base.
Schultz v. Workers’ Compensation Appeals Bd., January 6, 2015, California Court of Appeal, Docket Number: B255678
Issue: Where the going and coming rule begins and ends as interpreted using the premise line rule.
Holding: Under the “going and coming rule” an award of workers’ compensation benefits is generally not available for injuries suffered by an employee during a local commute to a fixed place of business at fixed hours, because the injury does not occur during the ordinary course of employment. However, the ordinary course of employment is deemed to commence when an employee enters the employer’s premises (the premises line rule), and at that point, the going and coming rule does not bar workers’ compensation liability.
We hold that the premises line rule applies to an employee injured in a single-car traffic accident where (1) the employee was a civilian working on a secure United States Air Force base not generally open to the public, (2) the employee entered the base in his personal vehicle after passing a guard gate using a security pass issued by his employer with the approval of the Air Force, (3) the employee had travelled one mile inside the base when the accident occurred, and (4) the undisputed evidence established although the employee worked out of a fixed location, the employer had multiple locations on the Air Force base and the employee travelled sometimes in his own vehicle, as needed, throughout the base to perform work assigned by his employer. We therefore annul the decision of the Workers’ Compensation Appeals Board (WCAB) denying benefits under the going and coming rule.
- In Iowa research Dawson vs Nelson Electric & Second Injury Fund Of Iowa, File No. 128025, Date 10/17/203.
- Perform a search on the Lombardi Law Firm site for “going and coming rule”.
- Revisiting the Going and Coming Rule in Iowa – a dated continued education outline I wrote over than years ago. It will give you an idea of what this is about. Essentially this rule applies to employees who are injured either going home or coming to work. If you use your car or truck at work for the employer’s business (bank runs, errands, etc.) then you are covered under workers’ compensation insurance both on your way to work and heading home after work. So if you get in an accident on I-235, I-80 or I-35 and suffer personal injury you may also have a workers’ compensation claim. If you think this applies to you contact the Lombardi Law Firm.
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