Appellate Court reviews Going and Coming rule and Special Mission Exception
- Posted By: Harvey Brown
- September 1, 2014
This is a published case of the Court of Appeal
This is a very significant case for workers’ compensation principles.
The applicant was a correctional officer and was killed in an automobile accident while driving home from work. The applicant had finished his normal shift of work and was required by his watch commander to also work the next shift.
An Application for Workers’ Compensation death benefits was filed. The issue was whether the applicant was acting within the course and scope of his employment under Labor Code section 3600, (a)(2). The Workers’ Compensation Appeals Board (WCAB) denied benefits.
The appellate court examined the “Going and Coming Rule” and the “Special Mission” exception. They evaluated whether this was an extraordinary event for the applicant to be held over for an extra shift. They determined it was not, because there were official procedures for hold over shifts. There were also established procedures and these were similar to the usual responsibilities.
The court reviewed cases on the “Going and Coming Rule”. They also reviewed cases on the “Special Mission rule”. They then reviewed the rationale underlying the rule.
This is a very long and well reasoned case to review when confronted with this type of case.
Case: Lantz v. WCAB