Montes, Gloria

Applicant Gloria Montes, a fruit picker and tree thinner, was injured on April 23, 2019 in an auto accident while commuting to a field where she was scheduled to work; her husband, who was driving, died of his injuries. The WCJ found the injury arose out of and in the course of employment, holding that both the special risk and required vehicle exceptions to the going and coming rule applied. Defendant sought reconsideration, arguing the special risk involved was a normal commute risk and that the personal vehicle was not required. The WCAB granted reconsideration to study the issues and, after review, affirmed the WCJ's decision. The Board found the left-hand turn into the adjacent fields was analogous to Greydanus, and that applicant was required to use her own vehicle to travel between fields and transport her tools, satisfying both exceptions.