Monday, November 11, 2013

Wilson v. Workers’ Compensation Appeals Board case brief

Wilson v. Workers’ Compensation Appeals Board case brief summary
545 P.2d 225 (Cal. 1976)

Petitioner sought review of the Workers' Compensation Appeals Board decision vacating petitioner's compensation award, holding that petitioner's injury did not arise out of the course of petitioner's employment.


While driving to work with class supplies and graded papers, petitioner, a teacher, suffered injuries in an automobile accident. Respondent board vacated petitioner's compensation award because respondent board held that petitioner's injuries did not arise out of and in the course of her employment.


  • The court affirmed respondent board's decision. 
  • The court held that since petitioner performed work at home and transported her materials for her convenience, no extraordinary circumstance existed warranting an exception to the "going and coming" rule. 
  • Furthermore, the court stated that since petitioner's cartage was common, it was incident to petitioner's commute rather than part of petitioner's employment.


Court affirmed decision vacating petitioner's compensation award for injuries sustained while driving to work, because since the work performed at petitioner's home and transportation of work supplies was for petitioner's convenience, there were no extraordinary circumstances allowing an exception to the "going and coming" rule.

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