Rhodes

Rhodes v. Workers' Compensation Appeals Board

Good Law
148 Cal. Rptr. 713·1978 Cal. App. LEXIS 1889·84 Cal. App. 3d 471·43 Cal. Comp. Cases 1001
Court of Appeal of CaliforniaAugust 31, 1978Civ. 52765California1,761 words

Opinion

Opinion

Cobey, J.

I.

Facts

Petitioner Josephine Rhodes alleges as compensable under the Workers’ Compensation Act the injuries she sustained in an automobile accident on February 8, 1977, while on the way home from her place of employment while a passenger in a coemployee’s motor vehicle.

Rhodes was employed as an eligibility worker for respondent County of Los Angeles, Department of Social Services (hereinafter County). County acknowledges that Rhodes was required to have a car for use in her job and when she used her car in her work she was reimbursed for mileage by County. Rhodes was not paid for trips to and from her residence unless she was also engaging in a business trip for County.

On occasion, Rhodes and a fellow eligibility worker, Valerie McKee, rode to work together using one or the other’s car. McKee was also required to have a car available at work. On the occasions when McKee and Rhodes rode together, one would allow the other to use her car when needed to perform work duties.

On February 8, 1977, both McKee and Rhodes drove their own cars to work. At the end of the work day, Rhodes asked McKee to drive her home if Rhodes had difficulty in starting her car as it had…

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