California Court of Appeal

The decision of the Workers' Compensation Appeals Board (WCAB) denying the application for workers' compensation benefits, brought by the dependents of a correctional officer killed in an automobile accident while driving home from work, is affirmed, where: 1) the WCAB determined that the decedent's hold-over shift as watch commander after his regular shift was not extraordinary under the "going and coming rule" and its "special mission" exception; 2) this decision involved weighing evidence and choosing among conflicting inferences that could be drawn from that evidence and, therefore, is properly characterized as a finding of fact; 3) the finding of fact that the hold-over shift was not extraordinary is supported by substantial evidence.

Appellate Information

• Decided 05/19/2014
• Published 05/19/2014

Judges

• FRANSON

Court

• California Court of Appeal

Counsel