Yu Qin Zhu v. Workers’ Compensation Appeals Board

Petitioner, an in-home caretaker for the Department of Social Services, was riding her bicycle from one private home where she worked to another home where she was scheduled to work when she was struck and injured by a car. The Workers' Compensation Appeals Board concluded that the going and coming rule barred her claim for benefits. However, the workers' compensation judge (WCJ) found that the required vehicle exception to the going and coming rule applied because petitioner was impliedly required to provide her own transportation between patients' homes. The appeals board then concluded that petitioner's injury arose out of and in the course of employment. In this case, petitioner's transit was for the benefit of the Department and was impliedly requested by the Department. The Court of Appeal annulled the appeals board's earlier decision and remanded with directions to issue a new decision and opinion consistent with this opinion. View "Yu Qin Zhu v. Workers' Compensation Appeals Board" on Justia Law