Castillo, Laura

Laura Castillo, a bus driver for Lucia Mar Unified School District, claimed injury to her cervical spine, left upper extremity, and left ear after tripping over a cement parking block in the employer's parking lot at approximately 5:05 p.m., shortly after her shift ended at 4:30 p.m. The WCJ found the injury did not arise out of and in the course of employment (AOE/COE), concluding applicant materially deviated from her employment by waiting in the lot to discuss moving a couch with a co-worker. The WCAB granted reconsideration, holding that because applicant was injured on the employer's premises within a reasonable margin of time and space, the going and coming rule did not bar compensability and her brief personal conversation was not a material deviation. The Board rescinded the take-nothing order and substituted findings that the injury was not subject to the going and coming rule, that there was no material deviation, and that the injury arose out of and in the course of employment. The matter was returned to the trial level with the issue of which body parts were injured deferred.