Joyner

Joyner v. Workmen's Compensation Appeals Board

Good Law
1968 Cal. App. LEXIS 1532·266 Cal. App. 2d 470·72 Cal. Rptr. 132·33 Cal. Comp. Cases 667
Court of Appeal of CaliforniaOctober 10, 1968Civ. No. 33005California2,828 words

Opinion

Lead Opinion

McCoy, J.

This is a petition for review of an order of the Workmen’s Compensation Appeals Board denying an applicant’s claim for compensation on account of injuries sustained in a traffic accident. The board found that applicant was not engaged in any activity on behalf of his employer at the time he was injured in the accident and that his injury did not arise out of and in the course of his employment. We have concluded that the evidence does not sustain the finding of the board and that its order denying applicant’s claim must be annulled.

There is no substantial conflict as to the facts. 1 Applicant was driving a pickup truck on Huntington Drive near Rose-mead while returning to his home between 4 and 4:30 p.m. on January 13, 1967, when the truck was struck from the rear by another vehicle. He was a heating and air conditioning installer and service man and had been employed by respondent employer for two or three years. He lived in Duarte. His employer’s place of business was on West Jefferson Boulevard in Los Angeles. He worked in homes and business locations, sometimes servicing several customers each day. He went from job to job in a 1958 Eord pickup truck in which he hauled the…

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