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Workers' Compensation

Salesman’s Cigarette Break at Convenience Store Fell Within Personal Comfort Doctrine: Cal. Comp. Cases September Advanced Postings (9/15/2015)

Here’s the final batch of advanced postings for the September 2015 issue of Cal. Comp. Cases. and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

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Hartford Accident & Indemnity, administered by ESIS, insurer for Lithia Ford Mazda Suzuki, Petitioner v. Workers' Compensation Appeals Board, Stephen Martin Bloxham, Respondents,, Lexis Advance

Injury AOE/COE—Going and Coming Rule—Personal Comfort Doctrine—WCAB affirmed WCJ’s finding that claim filed by applicant car salesman injured in automobile accident while returning to employer’s premises from convenience store where salesman had purchased cigarettes with employer’s permission during paid break was not barred by “going and coming” rule, when WCAB found that case fell squarely within personal comfort doctrine, which was exception to “going and coming” rule, that, while applicant was at store, he gave his business cards to two customers, act known in industry as “outside prospecting” that was encouraged by and benefitted employer, and that morality of smoking cigarettes was irrelevant to WCAB’s determination regarding whether injury was compensable.

Heidi Kirkwood, Petitioner v. Workers' Compensation Appeals Board, Verizon California, Inc., American Home Assurance Company, administered by Sedgwick Claims Management Services, Inc., Respondents,, Lexis Advance

Permanent Disability—Rating—Permanent Total Disability—WCAB rescinded WCJ’s award of 100 percent permanent disability, without apportionment, to applicant who suffered cumulative trauma industrial injury to her right upper extremity and psyche, and returned matter to WCJ to determine apportionment of applicant’s overall disability between her industrial right arm injury and her preexisting, nonindustrial left arm amputation injury, and whether Subsequent Injuries Benefit Trust Fund had any liability, which WCAB determined, in interest of judicial economy, should be considered contemporaneously with permanent disability and apportionment to avoid later re-litigation of issues by Subsequent Injuries Benefit Trust Fund, when WCAB found that…

California Insurance Guarantee Association, administered by Broadspire, on behalf of Superior National Insurance Company, in liquidation, insurer for Chico Nissan, Inc., Petitioner v. Workers' Compensation Appeals Board, Chico Nissan, Inc., Auto Dealers Compensation of California, PSI, State Compensation Insurance Fund, Steven Zinn, Respondents,, Lexis Advance

Petitions for Reconsideration—Time to File—WCAB dismissed petition for reconsideration not filed within time requirements of Labor Code §§ 5900(a) and 5903 and 8 Cal. Code Reg. § 10507(a)(1), when WCAB found that…








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