John Chorbagian — ADJ12278544

Applicant John Chorbagian, a senior territory manager/mobile regional salesperson for Ormco Corporation, was injured in a serious automobile accident on 01/24/2018 while driving his company-provided vehicle between a personal errand at a car dealership and his child's school. Defendant initially accepted the claim but later denied it after deposition testimony, asserting the going and coming rule and personal-errand deviation barred compensability. The WCJ found the injury arose out of and occurred in the course of employment (AOE/COE), reasoning the company vehicle was a 'mobile office' and applicant remained available to field client communications at all times. The WCAB adopted the WCJ's report and denied reconsideration, finding the going and coming rule inapplicable to a mobile salesperson with no fixed worksite and that the dual purpose rule and employer-provided transportation exception applied. The Board also addressed Labor Code section 5909 timing via the Shipley tolling doctrine and admonished defense counsel under section 5813 for misstating the law.