Martinez, Jose

Jose Martinez, a long-time forklift operator at Custom Pipe Coupling, was injured in a motor vehicle accident on May 26, 2023 while driving a company truck to work. The WCJ found the injury did not arise out of and occur in the course of employment because it was barred by the going and coming rule, since the pipe delivery he had originally been asked to make was removed before he left and he was carrying only scrap metal given to him for personal use. Martinez petitioned for reconsideration, arguing the evidence did not justify the findings and that a 'permissive use' exception applied. The Appeals Board denied reconsideration, adopting and incorporating the WCJ's report. The Board also addressed the timeliness of its action under amended Labor Code section 5909, concluding it acted within 60 days of transmission.