Hinojosa v. Workmen's Compensation Appeals Board

Opinion

TOBRINER, J.

Petitioner seeks review of a decision of the Workmen’s Compensation Appeals Board vacating a referee’s compensation award on the grounds that by reason of the so-called “going and coming rule” the injury to petitioner did not arise “out of and in the course of employment.” We believe that instead of the rigid and automatic “going and coming rule” posited by the board the cases indicate a more refined definition, specifying with more exactitude the circumstances under which workmen’s compensation covers death and injury in transit and those in which it does not. Applying…