Nanez, Braden

Applicant Braden Nanez, a food service worker assigned to provide meals to firefighters and forestry workers at a remote site, was injured (right femur fracture) in a car accident while traveling to Yreka during off hours. The WCJ originally found no injury AOE/COE, citing violation of company policy, material deviation from employment, the going and coming rule, and intoxication. On reconsideration, the Board rescinded those findings and held the commercial traveler rule applied, the claim was not barred, and applicant sustained injury AOE/COE in the form of a right femur fracture (with TBI and bruised lung deferred). Defendant then sought reconsideration of that decision, arguing the petition was untimely and that applicant materially deviated from employment; the Board denied the petition, finding service on applicant's attorney was defective (so the claim was timely) and the commercial traveler rule applied.