Legal Opinion

Santa Rosa Junior College v. Workers' Compensation Appeals Board

California Supreme Court

Decided November 12, 1985No. S.F. 24758PublishedCited by 32 opinions

Fowler & Ball and Robert A. Fowler for Respondents.

1Opinion of the Court

*348Opinion

KAUS, J.*

The Workers’ Compensation Act (Lab. Code, § 3201 et seq.) establishes the liability of an employer “for any injury sustained by his or her employees arising out of and in the course of the employment. ” Almost 70 years ago, we adopted the “going and coming rule” as an aid in determining whether an injury occurred in the course of the employment. Generally prohibiting compensation for injuries suffered by an employee while commuting to and from work, the going and coming rule has been criticized by courts and commentators alike as being arbitrary and harsh. It has generated a…

2Cases cited25 opinions

  1. Hinman v. Westinghouse Electric Co.California Supreme Court · 1970
  2. Hinojosa v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1972
  3. Freire v. Matson Navigation Co.California Supreme Court · 1941
  4. Dimmig v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1972
  5. Smith v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1968

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3Cited by32 opinions

  1. Childers v. Shasta Livestock Auction Yard, Inc.California Court of Appeal · 1987
  2. Hartline v. Kaiser Foundation HospitalsCalifornia Court of Appeal · 2005
  3. Jeewarat v. Warner Bros. Entertainment Inc.California Court of Appeal · 2009
  4. Caldwell v. A.R.B., Inc.California Court of Appeal · 1986
  5. VanLeeuwen v. Industrial Com'n of UtahCourt of Appeals of Utah · 1995

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