Maryland: Going and Coming Rule Does Not Bar Recovery in Motorcycle Accident

Maryland: Going and Coming Rule Does Not Bar Recovery in Motorcycle Accident

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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