What the panel ordered
The WCAB panel affirmed the WCJ's decision after reconsideration, denying defendant's petition and upholding compensability of the injury under the special risk and required vehicle exceptions to the going and coming rule.
Defendant sought reconsideration of the WCJ's Findings of Fact, Orders, and Opinion on Decision issued May 21, 2021, which found applicant's injury compensable under exceptions to the going and coming rule.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ and WCAB found that the injury arose out of and in the course of employment because the applicant was required to use her personal vehicle to travel between fields and transport tools, and the accident occurred during a left turn into the place of employment, fitting the special risk and required vehicle exceptions to the going and coming rule.
From the decision · page 1Defendant seeks reconsideration of the Findings of Fact, Orders, and Opinion on Decision (F&O) issued on May 21, 2021, by the workers' compensation administrative law judge (WCJ). In the F&O, the WCJ found that applicant's injury on April 23, 2019 arose out of and was in the course of her employment (AOE/COE) with defendant and was not barred by the going and coming rule.