SRTK’s Tim Kinsey was recently quoted in Sherri Okamoto’s Work Comp Central article “’Going and Coming’ Rule Doesn’t Apply to Worker Commuting Between Job Sites.” The article summarizes a California appellate court’s decision that denied benefits to a government-employed in-home caretaker who was injured while traveling between the homes of two clients. Although a judge had previously found the employee’s injuries to be compensable, the WCAB reversed that judgment. The employee appealed the WCAB’s decision, but the 2nd DCA sided with the WCAB.
Tim Kinsey was not surprised by the 2nd DCA’s decision. “Given the department’s knowledge and willingness to allow applicant to work at multiple job sites,” he said, the department was “aware that applicant had to get between her client’s homes somehow,” and “clearly the Court of Appeal didn’t think that a bicycle was unreasonable” as a mode of transit.