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PanelDenied

Rivas, Andrew

ANDREW RIVAS, Applicant vs. MVP PAYROLL FINANCING, LLC; LCF EMPLOYMENT SOLUTIONS, INC.; UNITED WISCONSIN INSURANCE COMPANY, administered by NEXT LEVEL ADMINISTRATORS, Defendants

ADJ number: ADJ16359966
Decision date: Date unavailable
District office: Pomona
WCJ: —
Claim administrator: Next Level Administrators
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, LISA A. SUSSMAN, DEPUTY COMMISSIONER

Injury / body parts: legs, head, neck, hips, left hand, left middle finger, left ring finger, right knee, right ankle, left ear, vision, psyche

LC §3202LC §3202.5LC §5309LC §5952

Summary

Applicant Andrew Rivas, a general laborer assigned to the Home Chef facility in San Bernardino, used optional employer-provided shuttle transportation to commute from Victorville. On December 9, 2021, he clocked out early due to illness around 12:17 a.m. but had to wait hours for the employer bus to arrive. While walking to buy snacks and then sitting at a nearby public bus stop with friends, an automobile collided with the bus stop, injuring him. The WCJ found applicant's claim was not barred by the going and coming rule under the 'special risk' exception and deferred the AOE/COE issue. The WCAB denied defendant's Petition for Reconsideration, finding substantial evidence supported the special risk exception and noting the claim could also fall within the 'personal convenience' exception.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.