On the Road Again: Compensability on the New Jersey Roadways

In New Jersey, an injury sustained during employee’s travel to and from the workplace is generally not a compensable injury. This is commonly referred to as the “going and coming rule.” This rule developed in a time where employees commonly worked in a single, physical location such as an office or a store. The course and scope of an employee’s work began once she arrived at the office or store and it ended when the employee left for the day.

Today, for many employees, the …

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North Carolina Court of Appeals Affirms Denial of Workers’ Compensation Claim After a Fatal Accident in a Company Vehicle

Gregory S. Horner and Alexandra S. Kensinger of Goldberg Segalla recently secured victory before the North Carolina Court of Appeals. In Wright v. Alltech Wiring & Controls, an employee died as a result of a motor vehicle accident which occurred while he was traveling home from work in a company vehicle. His estate argued that he was in the course and scope of his employment because he was driving a company vehicle.

Citing the “going and coming rule,” we argued that the decedent was …

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The Going and Coming Rule Does Not Always Apply

In an unreported opinion, the Maryland Court of Special Appeals held that the Circuit Court for Prince George’s County did not err in finding that a public safety officer, who was injured in an accident while driving his personal motor cycle to retrieve his cruiser before beginning his shift, was a compensable accidental injury under the Maryland Workers’ Compensation Act. Prince George’s County v. Zonn, 1514,SEPT.TERM,2017, 2018 WL 6721767, (Md. Ct. Spec. App. Dec. 21, 2018).

The claimant, a corporal with the Prince George’s …

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Summary Judgment and the “Coming and Going” Doctrine: It’s Complicated

Injuries occurring during an ordinary commute to and from work are not compensable under the Maryland Workers’ Compensation Act. The “coming and going” doctrine has always required in in-depth factual analysis for each case to determine if any exceptions to this doctrine apply. The Court of Appeals recently decided what should be considered a factual or legal determination in the context of a summary judgment decision on this issue. Calvo v. Montgomery Cty., No. 48, SEPT. TERM, 2017, 2018 WL 2296349 (Md. May 21, …

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Your Injury Happened Where? New Jersey Appellate Division Rejects Two Attempts to Avoid the Going and Coming Rule

Two recent decisions by the New Jersey Appellate Division upheld the strength of the “going and coming” rule to bar workers’ compensation claims that did not occur at work. In New Jersey, injuries that occur during routine travel to and from work are not compensable. This comes from principle found in N.J.S.A. 34:15-36 (defining “employment”) that generally, employment starts when the employee arrives at his place of employment, and terminates upon leaving the place of employment. Section 36 was amended in 1979 to decrease the …

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