Brief Fact Summary. Wilson (Plaintiff) sustained injuries while driving to work. The Workers’ Compensation Appeals Board (Defendant) denied her a worker’s compensation award.
Synopsis of Rule of Law. The “going and coming” rule provides that workers’ compensation does not ordinarily compensate injuries sustained what the employee travels to or from work.
Issue. Did Plaintiff’s injuries arise out of and in the course of her employment?
Held. No. Judgment affirmed.
* The “going and coming” rule provides that worker’s compensation does not ordinarily compensate injuries sustained what the employee travels to or from work. Plaintiff’s home did not constitute a second jobsite warranting exemption from the going and coming rule.
* If work is performed at home for the employee’s convenience, the commute does not constitute a business trip, since serving the employee’s own convenience in selecting an off-premise place to work is a personal and not business purpose.
Discussion. Today’s professional frequently takes work home. Although commendable, taking work home does not create a white-collar exception to the going and coming rule.