Cal. Comp. Cases November Advanced Postings (11/3/2011)

Featured Case of the Week: Airline Pilot's Claim for Injuries Barred by Going and Coming Rule

Dann Peter Shubin, Petitioner v. Workers' Compensation Appeals Board, Southwest Airlines, PSI, administered by Cambridge Pasadena, Respondents, 2011 Cal. Wrk. Comp. LEXIS 166

Injury AOE/COE-Going and Coming Rule-WCAB, reversing WCJ, held that applicant's claims for injuries to his head, back, shoulders, and upper and lower extremities were barred by "going and coming" rule, when injuries were incurred in motor vehicle accident while applicant, who lived in Pasadena and was employed as pilot for Southwest Airlines, was traveling from his domicile airport in Oakland to friend's home after being released from duty for scheduled, uncompensated nine-hour "reserve rest period," and WCAB found that applicant's release from duty constituted end of his regular work day, that commercial traveler exception to "going and coming" rule was not applicable because applicant was no longer engaged in travel for his employment once he arrived at his domicile airport and was released from duty, that applicant was not on special mission for his employer at time of accident, and that there was no applicable exception to "going and coming" rule under facts of this case because applicant chose to make Oakland his domicile airport even though he did not live in area, applicant was required to find his own accommodations during nine-hour rest period, and any unique or special circumstances were for applicant's own convenience rather than that of his employer.

Here's the rest of the second batch of advanced postings for the November 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries.

Gregory McBee, Petitioner v. Workers' Compensation Appeals Board, American Design Roofing, Inc., California Insurance Guarantee Association, administered by Broadspire, on behalf of Legion Insurance Company, in liquidation, Respondents, 2011 Cal. Wrk. Comp. LEXIS 164

WCAB Jurisdiction-New and Further Disability-Five-Year Statute of Limitations-WCAB held that WCJ had no jurisdiction to award applicant/smog technician temporary disability benefits for period of disability commencing more than five years after he sustained injuries to his lumbar spine, left hip, and left knee, even though applicant filed timely petition to reopen, because ...

Moises Mendoza, Petitioner v. Workers' Compensation Appeals Board, BLAS Packing, California Insurance Guarantee Association, administered by Intercare Insurance Services, on behalf of Paula Insurance Company, in liquidation, Respondents, 2011 Cal. Wrk. Comp. LEXIS 167

Temporary Disability-WCAB, denying applicant's request for temporary total disability benefits from 7/5/2003 through 11/10/2008 on psychiatric basis, found that applicant loader sustained injury AOE/COE on 12/1/99 to his head, jaw, mouth, teeth, and psyche and awarded temporary total disability benefits on physical basis (for vertigo) from 10/19/2000 to 7/5/2003, based on opinions from...

Karen Reff, Petitioner v. Workers' Compensation Appeals Board, Union of American Hebrew Congregation, Star Insurance Company/Meadowbrook Insurance Company, Respondents, 2011 Cal. Wrk. Comp. LEXIS 165

Medical Treatment-Lifetime Award-WCAB, reversing WCJ, held that defendant was not liable for lifetime award of medical treatment for applicant's pre-existent, non-industrial and dormant common variable immunodeficiency (CVID), when ...

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