Hernandez, Javier

Javier Hernandez, a 40-year-old farm laborer who could not drive and had no car or license, was injured in an auto accident while riding home from work in a van pool with ten or eleven other workers employed by Ceja Reyes, Inc. The employer hired him to work at a location about sixty miles from his home and disclaimed any responsibility for how workers got to the worksite, yet benefited from the van pool arrangement organized by another employee. The WCJ found the claim was not barred by the Going and Coming Rule, applying both the Special Risk Exception and the Dual Purpose Exception. Defendant Zenith Insurance Company petitioned for reconsideration, arguing neither exception applied. The WCAB adopted and incorporated the WCJ's report and denied reconsideration, finding the injury compensable.