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PanelDenied

Kang Lee — ADJ13239935

KANG LEE, Applicant vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION-CALIFORNIA INSTITUTION FOR WOMEN; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ13239935
Decision date: Dec 28, 2022
District office: Long Beach
WCJ: Michael Joy
Claim administrator: State Compensation Insurance Fund
Commissioners: —

Injury / body parts: head

LC §3600LC §3202

Summary

Applicant Kang Lee, a 44-year-old physician working at CDCR-California Institution for Women, was injured in a car accident on June 10, 2019, while driving to the worksite Monday morning following an on-call weekend shift. The dispute was whether the 'Going and Coming Rule' barred compensability of injuries sustained during this commute. The WCJ found the claim compensable because the applicant remained 'on call' (and compensated) until his regular shift began, his travel was not a normal commute since he was returning early to review patient charts and prepare for a meeting, and the special mission exception applied. The WCAB granted reconsideration to study the issues, then adopted and incorporated the WCJ's Report and Opinion, affirming the January 5, 2022 Findings of Fact and denying reconsideration.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.