Schultz
Schultz v. Workers' Compensation Appeals Board
Opinion
Opinion
Kriegler, J.
Under the “going and coming rule” an award of workers’ compensation benefits is generally not available for injuries suffered by an employee during a local commute to a fixed place of business at fixed hours, because the injury does not occur during the ordinary course of employment. However, the ordinary course of employment is deemed to commence when an employee enters the employer’s premises (the premises line rule), and at that point, the going and coming rule does not bar workers’ compensation liability. We hold that the premises line rule applies to an employee injured in a single-car traffic accident where (1) the employee was a civilian working on a secure United States Air Force base not generally open to the public, (2) the employee entered the base in his personal vehicle after passing a guard gate using a security pass issued by his employer with the approval of the Air Force, (3) the employee had travelled one mile inside the base when the accident occurred, and (4) the undisputed evidence established although the employee worked out of a fixed location, the employer had multiple locations on the Air Force base and the employee sometimes travelled in his own…