Legal Opinion

Lewis v. Workers' Compensation Appeals Board

California Supreme Court

Decided November 26, 1975No. S.F. 23258PublishedCited by 17 opinions

Twohy & Murphy, Fritz A. Kubacky and Kevin R. Twohy for Respondents.

1Opinion of the Court

Opinion

TOBRINER, J.

In this case we must determine whether the Workers’ Compensation Act affords compensation to an employee for an injury which occurred on a public street while the employee was walking from the employer’s parking lot to her office. The Workers’ Compensation Appeals Board denied recovery under the so-called going and coming rule, which bars compensation for injuries which occur “during a local commute enroute to a fixed place of business at fixed hours in the absence of special or extraordinary circumstances.” (Hinojosa v. Workmen’s Comp. Appeals Bd. (1972) 8 Cal.3d 150, 157…

2Cases cited20 opinions

  1. Hinojosa v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1972
  2. Freire v. Matson Navigation Co.California Supreme Court · 1941
  3. California Casualty Indemnity Exchange v. Industrial Accident CommissionCalifornia Supreme Court · 1943
  4. Employers' Liability Assurance Corp. v. Industrial Accident CommissionCalifornia Court of Appeal · 1940
  5. Cal. Cas. Ind. Exch. v. Industrial Acc. Com.California Supreme Court · 1943

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

3Cited by17 opinions

  1. General Insurance Co. of America v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1976
  2. Santa Rosa Junior College v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1985
  3. Hartline v. Kaiser Foundation HospitalsCalifornia Court of Appeal · 2005
  4. Price v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1984
  5. Smith v. State, Department of Labor & Industrial RelationsHawaii Supreme Court · 1995

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

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