Imelda Tabbada — ADJ21172307

Applicant Imelda Tabbada, an Assistant Civil Engineer for the County of Sacramento, was assaulted by an unknown assailant on a public street between a bus stop and her downtown Sacramento workplace while commuting to work on May 14, 2024, injuring her right shoulder. The parties stipulated to AOE/COE injury if compensation was not barred by the going and coming rule. The WCJ found applicant took nothing because the injury was barred by the going and coming rule and that no exception (zone of employment/premises line or special risk) applied. On reconsideration, the Appeals Board adopted and incorporated the WCJ's Report, finding the facts distinguishable from Lewis, Ultramar, and Chavez because the employer neither owned nor controlled the area where the injury occurred and applicant was not required to navigate a specific risky route. The Board denied reconsideration and did not reach the Labor Code section 3600.8 alternative commute program issue.