Concepcion, Jean

Applicant Jean Concepcion, a marketing director for Norwalk Intercom Healthcare, claimed an August 4, 2022 injury from a motor vehicle accident while allegedly delivering donuts to a client. The WCJ found the claim barred by the going and coming rule, the post-termination defense under section 3600(a)(10), and the six-month psyche bar under section 3208.3(d). The Appeals Board granted reconsideration, rescinded the F&O, and substituted a new F&O finding the claim was not barred by any of these defenses. The Board reasoned that applicant was performing a service incidental to his employment (or at minimum a minor deviation), that defendant failed to prove the statute of limitations bar because it produced no evidence of providing a claim form, and that defendant failed to produce evidence of termination or applicant's length of employment.