The Course and Scope of Employment
Workers' Compensation Academy: 2020: A Unique Year in Many Ways Including Changes in New Jersey Workers’ Compensation
Much has changed in the two-and-a-half years since March 2020, when most of the country went into lockdown due to COVID-19 and most businesses moved to remote work models. As a result of mass layoffs and employee absences due...more
A California Court of Appeals affirmed an employer’s Motion for Summary Judgment on that question, finding that the employer was not vicariously liable in a recent opinion. The case involves Clanisha Villegas, who worked for...more
Chartwell Law's Jason Hanford, Esq., Robert J. Baker, and Christopher D. Pavuk, Esq. present this informative webinar addressing the course and scope of Pennsylvania employment. During this presentation, our panelists cover...more
How will legislation from 2020 impact New Jersey workers' compensation claims in 2021 and beyond? Workers' Compensation Partners Jeffery D. Newby and Cheryl A. Binosa provide a recap and update on significant legislative...more
Think of the typical office employee who commutes to their job by driving to and from work every day. Say this unfortunate employee gets into a motor vehicle accident on the way to or from work. Is this a compensable workers’...more
Bingener v. City of Los Angeles, 44 Cal. App. 5th 134 (2019) - Kim Rushton, an employee of the City of Los Angeles, struck and killed a pedestrian (Ralph Bingener) while Rushton was driving to work at the Hyperion...more
Analyzing the Coming and Going Rule and Its Exceptions - In Wright v. Alltech Wiring & Controls, the Court of Appeals reviewed the Contractual Duty exception to the Coming and Going Rule. The employee had duties which...more
An employer is liable for an accident on an employee’s commute to and from work only if the vehicle was required for work on the day of the employee’s accident, a California appellate court has ruled. ...more
The Case and Factors Considered - In Newland v. County of Los Angeles (2018) 2018 WL 3017203, ____ Cal.Rptr. ____ (appeal from a judgment and order of the Superior Court of Los Angeles County), a deputy public defender was...more
Due to a recent decision from the Pennsylvania Commonwealth Court, fewer Pennsylvania workers may be eligible for Workers’ Compensation benefits after sustaining injuries while traveling to or from work. Under...more
In Morales-Simental v. Genentech, Inc. (A145865, filed 9/22/17, publication order 10/19/17), the California Court of Appeal, First Appellate District rejected the plaintiffs’ broad interpretation of the “special errand”...more
In Sumrall v. Modern Alloys, Inc., 2017 WL 1365089 (April 13, 2017), the Fourth Appellate District was presented with another circumstance where the “business errand” exception to the going and coming rule was at issue....more
In Gail M. Lynn, et al. v. Tatitlek Support Services, Inc., et al., 2017 WL 696008, published February 24, 2017, the California Court of Appeal, Fourth District, affirmed the trial court’s granting of summary judgment in...more
Craig Schultz was a drafter for a civilian company that had several buildings located on a large U.S. Air Force base. He drove his personal vehicle onto the base, and was permitted to travel around the base and use military...more
The California Court of Appeal addressed the scope of the Going And Coming Rule in its decision, Craig Schultz v. WCAB and Joint Test Tactics and Training (JT3), 2015 S.O.S. 99, January 6, 2015....more
As a general rule, an employee is deemed not to be "in the course and scope of employment" and is therefore not entitled to workers' compensation benefits, while commuting to and from work. This is known as the "going and...more
It is rare these days for a California appellate court to weigh in on whether an employer is vicariously liable for accidents involving an employee that occur during the employee’s commute to and from work. The law was...more
Question: Is an employer liable for the damage caused by its employee when that employee is involved in an automobile accident outside of work hours and on a personal errand? Answer: As with most things, it depends. ...more
One would think that, under the “going and coming” rule, employers could never be liable for torts committed by their employees during the employees’ commutes. Think again. If employers require employees to use their cars or...more
Halliburton Energy Services, Inc. provided Troy Martinez with a company vehicle to use in the execution of his duties. After completing a day’s work, Martinez drove to Bakersfield with his family to purchase a car for his...more