What the panel ordered
Petition for Reconsideration denied, affirming the November 4, 2024 Opinion and Order Granting Petition for Reconsideration and Decision After Reconsideration.
Defendant seeks reconsideration of the November 4, 2024 Opinion and Order Granting Petition for Reconsideration and Decision After Reconsideration reversing the July 31, 2024 Findings and Order by the WCJ.
This docket was decided more than once. Shown here is the latest released decision; we also hold November 4, 2024.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Applicant was performing a service growing out of and incidental to employment by using his own vehicle for business development and marketing duties, including a minor deviation to pick up doughnuts for clients, which falls under exceptions to the going and coming rule.
From the decision · page 1Defendant seeks reconsideration of our November 4, 2024 Opinion and Order Granting Petition for Reconsideration and Decision After Reconsideration (O&O) wherein we granted reconsideration of a July 31, 2024 Findings and Order and reversed the workers' compensation administrative law judge's (WCJ's) finding that applicant's August 4, 2022 claim of injury to the neck, back, psyche, sleep, internal, left knee, bilateral shoulders, head and other body systems was barred by the going and coming rule, post termination defense per Labor Code1 section 3600(a)(10), and six-month rule for psyche claims under section 3208.3(d).