Steven Pacatte — ADJ12113500

Steven Pacatte, a San Francisco firefighter, died on December 12, 2018 in a head-on vehicle collision while driving to work. The defendant employer (self-insured) argued the death claim was barred by the going and coming rule because Pacatte was not actually scheduled to be reassigned to another firehouse on the date of injury. The WCJ found the injury compensable under the special activity/Hinojosa exception, reasoning that the employer received a benefit from firefighters having personal vehicles available to travel between stations on short notice when reassigned. The WCAB adopted the WCJ's Opinion on Decision, holding the injury arose out of and in the course of employment, and denied the defendant's Petition for Reconsideration.