State Compensation Insurance Fund v. Industrial Accident Commission

William D. Casey, an employee of the L. D. MacLean Company in San Francisco for more than twenty years, died on May 31, 1927, as a result of injuries sustained by him six days prior to his death. His sur- . viving widow, Annie Casey, thereafter applied to the Industrial Accident Commission for compensation and was granted an award which the petitioner herein, as the insurance carrier for said company, seeks by this proceeding in certiorari to have annulled. The sole question presented for determination is whether, contrary to the finding of said Commission, the nature of the service the decedent was performing at the time he was injured was such as to bring the case within the operation of the so-called “going and coming” doctrine, which in effect declares that injuries sustained by an employee while going to or returning from Ms work are not compensable under the provisions of the Workmen’s Compensation Act (27 Cal. Jur. 380).

As stated, the decedent had been working for said company for many years, and for some time immediately preceding his death filled the position of outside salesman, his duties being to call on customers, take orders, and sell goods; and he was required to…