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PanelGranted

Alfaro Vasquez, Benedo (Dec.)

BENEDO ALFARO VASQUEZ (Deceased), Applicant vs. YOUNG’S COMMERCIAL TRANSER; NATIONAL INTERSTATE INSURANCE COMPANY, Defendants

ADJ number: ADJ17382484
Decision date: Oct 12, 2025
District office: Fresno
WCJ: —
Claim administrator: National Interstate Insurance Company
Commissioners: JOSÉ H. RAZO, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: head

LC §3600LC §5803LC §5900LC §5901LC §5903LC §5907LC §5908LC §5908.5LC §5909LC §5950LC §5952CCR §10600

Summary

Applicant's decedent, a commercial truck driver, died on October 3, 2022 from blunt force head trauma in a motor vehicle accident. The WCJ found the injury occurred during the decedent's normal commute and was barred by the 'going and coming' rule, ordering applicant take nothing. Applicant sought reconsideration, arguing the going and coming rule did not bar the claim. After preliminary review, the Appeals Board concluded the WCJ's decision was not supported by substantial evidence on the AOE/COE issue and granted reconsideration. The Board deferred a final decision pending further study of the factual and legal issues, including potential exceptions to the going and coming rule.

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.