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Coming and Going Rule (California)

PostPosted: Wed Jul 01, 2009 3:47 pm
by mwu@atblaw.net
I have read the multitude of cases regarding the Coming and Going rule, however, unless I missed something I don't see anything regarding an injury just before an applicant clocks in to work or just after clocking out from work. Assuming the injury before/ after work occurred just outside the premises in an area that is not controlled by the employer - would the injury be AOE/COE? Thanks.

Re: Coming and Going Rule (California)

PostPosted: Wed Jul 01, 2009 9:14 pm
by jakelast@aol.com
For the most part the answer is no, this activity would not be in the course and scope of employment. However one has to be careful as there are a couple of "left turn" cases where the employment was considered to have "influenced" the employee's activity and compensability was found. You also have to make certain that none of the execptions to the going and coming rule apply such that applicant's employemnt situtation did not begin with the commute.

Re: Coming and Going Rule (California)

PostPosted: Thu Jul 02, 2009 5:55 am
by mwu@atblaw.net
Thanks Jake! Always appreciate your input.