Wcab
G.E. Engine Maintenance v. Workers' Compensation Appeals Board
Opinion
Opinion
Hollenhorst, J.
Petitioners, G.E. Engine Maintenance and Electric Insurance (collectively G.E.), as the affected employer and its insurance carrier, respectively, seek review and annulment of an order of the Workers’ Compensation Appeals Board finding compensable injuries sustained by applicant Craig Main as a result of a traffic collision that occurred on his way to work. They contend that substantial evidence does not support the finding that the “special risk” exception to the “going and coming” rule applied in this case. We agree, and, accordingly, we annul the order.
Facts
Main was injured in a traffic accident on his way to his place of employment, G.E. Engine Maintenance. The plant is located on Avion Street at Ontario Airport. Avion Street is owned and maintained by the City of Los Angeles Department of Airports.
The accident occurred about 3:20 p.m. about .23 miles from the G.E. test cell facility where Main was employed. Main’s shift was to begin at 3:30 p.m.
Main was riding his motorcycle following a Ford Econoline van. The van made a right turn, colliding with Main and throwing him off his motorcycle. According to G.E.’s version, the accident occurred because Main tried…