Esquivel

At the time this case arose, Tania Esquivel, a correctional officer receiving benefits under the Workers’ Compensation Act (the Act), resided in the City of San Diego and was being treated for her industrial injuries by medical providers located within eight miles of her home. For reasons unrelated to her need for that treatment, Esquivel drove about 130 miles to her mother’s home in Hesperia, in San Bernardino County. Esquivel suffered serious new injuries when she drove through a stop sign in Hesperia while en route from her mother’s home to the San Diego offices of the medical providers.

The workers’ compensation judge (the WCJ) found that Esquivel’s motor vehicle accident injuries were a compensable consequence of her existing industrial injuries and awarded her temporary disability indemnity and additional medical benefits. Respondents Corrections Corporation of America San Diego Detention and New Hampshire Insurance Company petitioned the Workers’ Compensation Appeals Board (the Board) for reconsideration of the WCJ’s findings and award in favor of Esquivel. The Board issued an order granting respondents’ reconsideration petition and reversed the WCJ’s findings and…