Hinson

Billy Gene Hinson seeks review of a' decision of the Workmen’s Compensation Appeals Board denying his petition for reconsideration of the referee’s finding that by reason of the “going and coming rule” his injury did not arise out of and occur in the course of his employment. Hinson was injured on January 5, 1973, when his pickup collided with another vehicle on Highway 33 as he was driving to work. For the reasons hereafter expressed, we hold there is substantial evidence to support the board’s decision.

The facts pertaining to Hinson’s employment as gleaned from a sparse record are as follows: Hinson drove a tractor and did maintenance work on tomato pickers on a large ranch operated by Giffen, Inc. He reported for work at 6 a.m. at a headquarters shop on the ranch which was located approximately two miles from his home and was paid on an hourly basis from the time he reported to work. The employer had a pickup available which the foreman would use to take the tractor drivers to the fields and to return them to the shop at the end of the day’s work. However, at times, Hinson and the other drivers would use their own cars to get to the fields if they had driven them to…