Ricarda Duran (Aka Sonia Tineo) — ADJ15799667

Applicant Ricarda Duran (aka Sonia Tineo Toledo), a 58-year-old employee, was struck by a car on January 3, 2022 while waiting on her employer's premises in an outdoor break area for her nephew to give her a ride home after her work shift ended. The WCJ found the injury compensable, and defendant sought reconsideration, arguing the injury was not within the course of employment because applicant was acting in self-interest (waiting for a ride) and because the going and coming rule barred recovery. The WCAB granted reconsideration to study the issues, agreed with the WCJ's reasoning, and held that applicant sustained injury AOE/COE to her head under Labor Code section 3600. The Board clarified that 'course and scope of employment' was the wrong standard and substituted 'arising out of and in the course of employment,' and corrected the body part finding to 'head' based on the Traffic Crash Report showing a laceration to the back of the head. All other issues (additional body parts) were deferred.