Workers' Compensation

California: Entire Air Force Base is Employer’s “Premises” for Purposes of Going and Coming Rule

 

 

 

 

 

 

A California appellate court held that in as much as a civilian employee worked at a U.S. Air Force base and often traveled to multiple locations throughout the base to perform his work for the employer, the entire base constituted the employer’s “premises” for purposes of California’s “premises line rule.” Under that rule, while injuries sustained during the usual commute to or from the employee’s residence were not generally compensable under the “going and coming” rule, injuries sustained on the employer’s premises are within the course and scope of the employment and, therefore, compensable. Finding that the employee entered the base in his personal vehicle after passing a guard gate using a security pass issued by his employer with the approval of the Air Force and had travelled one mile inside the base when an auto accident occurred, the court disagreed with the WCAB and found that the employee’s activity was within the course and scope 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 Schultz. v. Workers’ Comp. Appeals Bd. (Joint Test Tactics and Training), 2015 Cal. App. LEXIS 5 (Jan. 6, 2015) [2015 Cal. App. LEXIS 5 (Jan. 6, 2015)]

See generally Larson’s Workers’ Compensation Law, § 13.01 [13.01]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

 

 

 

 

 

 

 

 

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