Legal Opinion

Smith v. Workmen's Compensation Appeals Board

California Supreme Court

Decided December 10, 1968No. L. A. 29568PublishedCited by 66 opinions

1Opinion of the CourtTobriner, J.

Petitioner seeks review of the appeals board’s order denying reconsideration of an opinion and order by a referee denying workmen’s compensation benefits on the ground that the death of petitioner’s husband did not arise out of his employment. Since the accident occurred when the employee drove his car to the employer’s premises pursuant to the employer’s requirement that the employee furnish his own car, we hold that the so-called going and coming rule does not bar coverage.

Petitioner’s husband, Charles Smith, worked as a social worker for Ventura County. In a one-car auto accident which…

2Cases cited41 opinions

  1. American Indemnity Co. v. DinkinsCourt of Appeals of Texas · 1919
  2. Kobe v. Industrial Accident CommissionCalifornia Supreme Court · 1950
  3. Schreifer v. Industrial Accident CommissionCalifornia Supreme Court · 1964
  4. Maryland Casualty Co. v. Smith.Court of Appeals of Texas · 1931
  5. Zenith National Insurance v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1967

36 more not listed; retrieve them via the Exa API.

3Cited by66 opinions

  1. Hinman v. Westinghouse Electric Co.California Supreme Court · 1970
  2. Ducey v. Argo Sales Co.California Supreme Court · 1979
  3. Carter v. ReynoldsSupreme Court of New Jersey · 2003
  4. Hinojosa v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1972
  5. Dimmig v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1972

61 more not listed; retrieve them via the Exa API.

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