Applicant established Special Mission Exception to Going and Coming Rule
- Posted By: Harvey Brown
- July 1, 2020
This is a Board Panel decision
This is a very significant case for workers’ compensation principles.
The applicant was a doctor. He worked five days a week, 40 hours a week unless his supervisor asked him to work overtime.
His supervisor emailed him asking him to prepare a presentation. He walked to work. He left the hospital at 8 p.m. to walk home carrying his computer with the presentation. His supervisor called him to discuss the presentation. As he was talking to the supervisor he stepped off the curb and was hit by a car. He filed a claim and the defendant denied the claim base on the Going and Coming Rule. The case went to trial and the Workers’ Compensation Judge (WCJ) found the applicant was on a special mission and therefore, the claim was compensable.
The defendant appealed. The Workers’ Compensation Appeals Board (WCAB) indicated that under the going and coming rule injuries do not normally arise out of and in the course of employment. However, there are numerous exceptions.
The special mission exception is where the employee is performing (1) an extraordinary duty in relation to the employees duties; (2) is within the course of employment: and (3) has undertaken the duty at the express of
implied request of the employer for the benefit of the employer.
Here it was ruled the applicant was providing a service to the employer within the special mission exception.