Managing Employee Injuries and Disability and Occupational Safety

1. G OING AND C OMING R ULE

Injuries occurring while employees are traveling to and from work are generally not compensable. The employee is not considered to be in the “course of employment.” However, the courts have rejected a rigid application of the going and coming rule and have established a number of exceptions to the rule.

The following cases illustrate some of these exceptions to the going and coming rule:

 A liberal application occurred in Shell Oil Co. v. IAL , 6 where a manager had attended a special dinner meeting after which he developed car trouble. He left the car at a gas station and returned to pick it up two days later. On the return trip, he was involved in an accident and died. The Court found the return trip to be a natural, normal and necessary part of the special assignment of attending the dinner.  In Schreifer v. IAC , 7 an off-duty deputy sheriff was called at home and told to report for duty as soon as possible. On his way in to work, he was injured. Benefits were awarded to the employee. The Court held that while this was not a special assignment, it was the usual assignment at a “special time,” and was thus extraordinary in relation to his routine duties.  In Safeway Store v. WCAB , 8 the Court held that there was no difference between going to work early and returning late. In that case, the Court granted benefits to an employee who was attacked by an unknown assailant as he returned home following an overtime assignment.  An injury en route to a union meeting to vote on ratification of a collective bargaining agreement was held to be covered as a “special mission.” 9

2. P REMISES L INE The employment relationship begins when the employee enters the employer’s premises. If an employee is on the employer’s premises, ordinarily there would be coverage even if the employee had not officially reported in or had just reported out. The key issue becomes the boundaries of the employer’s premises.

3. E NTRANCE , E XIT .

If the employee has reached the entrance of the place of employment, any injury sustained at that point would be within the course of employment and compensable. In fact, the place of employment extends to the perimeter of the property owned or controlled by the employer, including the parking lot. Public parking lots, on the other hand, are not considered the employer’s premises.

Managing Employee Injuries, Disability and Occupational Safety ©2019 (s) Liebert Cassidy Whitmore 20