Travel that is incident to the employment cannot be excluded from the course and scope of the employment by the ordinary going and coming rule, held a Maryland appellate court recently. Accordingly, it vacated a decision that had denied workers’ compensation benefits to a firefighter who sustained injuries in a motorcycle accident as he was en route from a work-related activity, engaging in physical training, to a site where he was to engage in another work-related act, picking up work-related mail. Citing Larson’s Workers’ Compensation Law, the court held that this was no going and coming case; the firefighter was not engaged in a commute. Instead his actions were part of his employment.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Roberts v. Montgomery County, 2014 Md. LEXIS 9 (Jan. 28, 2014) [2014 Md. LEXIS 9 (Jan. 28, 2014)]
See generally Larson’s Workers’ Compensation Law, § 14.01 [14.01]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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