ALJ Denied Death Benefits Based on the Going and Coming Rule

In a claim successfully defended by Amanda Branson, the ALJ denied death benefits under the going and coming rule.  The decedent was a passenger in a company car driven by her supervisor and long-time friend.  The pair recently began their employment and had arranged to carpool to work.   The ALJ determined that the going and coming rule applied, despite the fact that claimant was traveling in a company car at the time of the motor vehicle accident.  The ALJ found that.  The ALJ credited the opinions of managers who hired the claimant and the company car was not provided to the decedent.  The ALJ also credited the opinions of the decedent’s supervisor that the carpooling arrangement was personal in nature and not sanctioned by the employer.

Would you like to know more? Contact Amanda J. Branson at abranson@pollartmiller.com or 720-488-9586.

 

From the January 2018 Pollart Miller Newsletter

 

2019-01-29T09:25:00-07:00