The Going and Coming Rule by Catherine Moon, Director of Workplace Wellness
RECORD-BREAKING $10 MILLION WORK COMP SETTLEMENT
In late March, a workers’ compensation judge approved a $10 million settlement in a California case weighted on the Going and Coming rule. The details involved an employee that was working beyond the scope of her usual working hours and as a result the case was filed as a workers’ compensation claim because of an exception in the Going and Coming rule. The plaintiff sustained severe overall injuries, which included traumatic brain injury, while commuting from a special assignment on behalf of her employer. It is a case of particular interest because normal commutes are typically not covered, but the award in favor of the plaintiff was due to the fact that this particular work assignment was not during the normal work hours and further the commute was not part of the normal everyday commute. Press surrounding the case has indicated that the dollar amount is the highest-known award for workers’ compensation in the country.
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