WCPanelIQ
PanelDenied

Isabel Akerlundh — ADJ12249871

ISABEL AKERLUNDH (Deceased), Applicant vs. COUNTY OF RIVERSIDE; PERMISSIBLY SELF INSURED, Defendants

ADJ number
ADJ12249871
Decision date
Feb 2, 2023
District office
Riverside
WCJ
David Thorne
Claim administrator
County of Riverside, Permissibly Self Insured
Commissioners
—

Injury / body parts: death (fatal automobile collision)

LC §3600

Summary

Isabel Akerlundh, a Behavioral Health Specialist II for the County of Riverside, died in a head-on automobile collision on May 20, 2019, while traveling in her personal vehicle from home to start work at the County's Hemet Clinic. Her dependents (the Rodriguez petitioners) claimed her death arose out of and in the course of employment, arguing she was required to use her personal vehicle for work and that the County's requirement of a valid driver's license and minimum insurance made the commute compensable. The WCJ found the death was barred by the going and coming rule, concluding the decedent was on an ordinary commute to a fixed place of work and no exception applied. The WCAB denied reconsideration, adopting and incorporating the WCJ's Report and Opinion on Decision. The Board agreed defendant met its burden of proving the going and coming rule applied and that applicant failed to establish any 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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