Miller, Norman

Norman Miller, a correctional officer at Ironwood State Prison, was injured in a motor vehicle accident while riding in a privately owned vanpool vehicle during his regular commute to work. The WCJ found his claim barred by the going and coming rule and by Labor Code section 3600.8 because he voluntarily participated in an alternative commute program and was not paid his regular wage during travel. Applicant sought reconsideration, arguing that exceptions to the going and coming rule applied and that section 3600.8 should not apply to remote, desolate worksites lacking mass transit. The WCAB denied reconsideration, holding that section 3600.8(a) removes the 'course of employment' condition of compensation as a matter of law for voluntary alternative commute program participants, and that none of the statute's delineated exceptions applied because the vanpool vehicle was privately owned (by Walter Johnson/Samuki Enterprises) rather than registered to or owned by the State.