Legal Question in Workers Comp in California
Compensable injury?
A worker is being brought to work by her husband. He pulls into the visitor's parking area to let her out. She opens the back door of the car to get her purse, and the husband, thinking she has gone, starts to move the car forward. It runs over her foot, causing a fracture. Is this a compensable WC accident/injury?
1 Answer from Attorneys
Re: Compensable injury?
In my opinion, your wife was not acting within the course and scope of her employment when you ran over her foot while she was taking her purse from the back of the car. Some applicant's attorneys may argue that her injury was within the course and scope of her occupation since this may have happened on company property, but the defense would probably argue the "Going and coming Rule" which means that her injury occurred on her way to work.
For an injury to be compensable, it must be caused by her employment and must arise from her employment (AOE/COE). I do not believe that taking her purse from the back of her car before she entered the building would be aoe/coe. However, another responding attorney on Law Guru may have a different opinion.
In my opinion, your wife has an uphill battle.
Good luck.
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