California caterer alleges work-related injuries due to motor vehicle accident
Under the commercial traveler rule, the court would consider a commercial traveler to be acting within the course of his employment during the entire period of his travel upon their employer’s business, a recent court ruling said.
3 Stonedeggs, Inc. – the defendant in the case of Nanez vs. 3 Stonedeggs, Inc.; Technology Insurance Company, adjusted by Amtrust North America – was in the business of preparing and serving meals to firefighters and forestry workers at remote locations.
The defendant employed the applicant as a caterer or food assembler or kitchen worker. It authorized the applicant to drive his own car from the Brownsville camp to his residence, then to Happy Camp, where the defendant would serve meals for a three-to-six-month period.
The applicant claimed workers’ compensation for injuries arising out of and in the course of employment (AOE/COE) in the form of a traumatic brain injury, fractured femur, and bruised lung due to a motor vehicle accident.
The workers’ compensation administrative law judge denied the applicant’s claim. The judge found that the applicant did not sustain injury AOE/COE, violated company policy when he left the worksite without permission, and materially deviated and completely departed from his employment at the time of injury.
The applicant asked for reconsideration. He argued that the commercial traveler rule applied to his accident because the evidence...
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