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California Going and Coming Rule Exceptions? - aticnib - 07-22-2010

Are there any exceptions to the coming and going rule in California? I have read that where the employer is responsible for significant risks such as forcing the employee to drive through a "zone of danger" when exiting a parking structure, etc., that the coming and going rule does not apply. But I was wondering if such is the case in California.


RE: California Going and Coming Rule Exceptions? - 1171 - 07-22-2010

yes, some.
that is one.
all, of course, are subject to proof in the comp court.
the case law precedent is "ordinary" local commute.
you'll have to submit evidence to the court that in a particular instance it was not ordinary.


RE: California Going and Coming Rule Exceptions? - aticnib - 07-22-2010

Excellent!

We have an abundance of proof, company policy, records, witnesses, etc.

I am very grateful. Are you an attorney?


RE: California Going and Coming Rule Exceptions? - aticnib - 07-22-2010

I'm sorry. I forgot to ask:

Can you direct me to specific case law which includes "ordinary"?

In our case the company's policy required the employee to park in an area which required maneuvering through the company's hazardous operations in order to leave the parking lot and begin his commute. The street was a small public road mainly used by the company's operations and NOT a thoroughfare.

What I have read is that this appears to qualify as a "special risk" exception and also a "but for" exception because he would not have been there "but for" leaving the parking lot (In other words, a member of the general public would not likely have been there in that location leaving that parking lot getting hit head on by the company's truck driver). However, I am trying to find cases specific to California.


RE: California Going and Coming Rule Exceptions? - Bad Boy Bad Boy - 07-22-2010

I understand there seems to be some kind of an issue with maybe a possible injury or something? Can explain what your getting as to why your are asking about this rule? Was there an injury, how did it take place. What part of the body was injured? What caused the injury?


RE: California Going and Coming Rule Exceptions? - aticnib - 07-22-2010

Employer used small public road/not a thoroughfare for major operations of business, utilizing red zone for parking of delivery trucks, back and forth from warehouse to warehouse of hopper trucks and big rig trucks, etc. Adjacent to public road was employers only parking lot for its employees. Entire 1/4 mile road on all four sides was property owned by employer. Entire area was a hazard zone due to operations of employer.

Employee exited employers parking lot upon clocking out from work and was struck head on by employers driver of a hopper truck.

Employee suffered head injury and 3rd stage concussion. Employee still suffers from this head injury.

Employers defense: it is not workers comp due to "going and coming rule".

Our research has indicated that there are exceptions to this rule based on if the employee would not have been there "but for" needing to exit the parking lot to begin his commute home and "special risk" caused by employer.


RE: California Going and Coming Rule Exceptions? - Bad Boy Bad Boy - 07-22-2010

Well, you be much better off using the auto / truck insurance then work comp, on any given day, plus the settlement will be better,

Why would you want to go the other route of work comp?


RE: California Going and Coming Rule Exceptions? - jayne - 07-22-2010

I would think so also.... can you not sue the company as it was a company car that hit him? in my opinion thats the better deal is it not? Believe me many loose every thing waiting on a WC case get a good lawyer


RE: California Going and Coming Rule Exceptions? - aticnib - 07-22-2010

It has been two years. Are you suggesting a PI case against the company? That is also going on as a backup. However, there is an issue of proving liability/at fault. We believe the company is at fault, however, proving it is challenging because the company cleansed the scene prior to calling police.

For purposes of W/C, I am seeking to find specific case law regarding the coming and going rule and any exceptions.


RE: California Going and Coming Rule Exceptions? - Cycler - 07-22-2010

And you don't have an atty ????

aticnib Wrote:It has been two years. Are you suggesting a PI case against the company? That is also going on as a backup. However, there is an issue of proving liability/at fault. We believe the company is at fault, however, proving it is challenging because the company cleansed the scene prior to calling police.

For purposes of W/C, I am seeking to find specific case law regarding the coming and going rule and any exceptions.