Gray, Skye

Applicant Skye Gray, a recently hired caregiver for Comfort Keepers Home Care, was injured in a motor vehicle accident in her personal vehicle while driving to a caregiver shift that started at midnight at a new client location. The WCJ found her injury compensable under the 'required vehicle' exception to the going and coming rule, and defendant sought reconsideration arguing the going and coming rule barred the claim because applicant was on an ordinary commute to a fixed location. The WCAB denied reconsideration, adopting the WCJ's Report. The Board reasoned that applicant was required to have 'reliable transportation' for shifts that did not start at fixed times or occur at a fixed location, and the employer benefited from her use of her own vehicle, satisfying the required vehicle exception consistent with Hinojosa, Smith, and Zhu.