The going and coming rule used to be a straightforward concept and injuries sustained while commuting were generally not covered. Over time, however, numerous exceptions have developed, creating uncertainty and potential exposure. In Zenith Insurance v. WCAB (Hernandez), the court revisited the “going and coming” rule and clarified when commute injuries fall outside of the course of employment and employer/carrier coverage.

In this case, the applicant did not have a driver’s license and worked 60 miles from his job site. The applicant was injured while riding in a vanpool that had been informally arranged by a coworker. The employer did not sponsor, require or exercise control over transportation. Although the WCAB initially found the injury compensable, the Court of Appeals reversed, holding that the circumstances did not fall within any recognized exception of the going and coming rule.

The court clarified that the special risk exception applies only when an employee faces danger due to the employer’s premises or conditions under the employer’s control. Here, the injury occurred miles from the job site, and the risk stemmed from the commute itself. The fact that worker did not have a license and lived far away from the workplace did not transform the commute to a special hazard. Likewise, the dual purpose exception requires that the travel provide some incidental business benefit to the employer beyond simply showing up for work. The Court found no such benefit as the employer did not require the vanpool or derive any business advantage.

For defendants, the decision reinforces the importance of investigating transportation arrangement. Simply because an employee carpools to work does not automatically create coverage. Unless the employer requires the arrangement, provides the vehicle, or derives a clear benefit from the commute, the injury will likely be barred under the going and coming rule, avoiding unnecessary exposure.

This case serves as a reminder to obtain detailed facts during claim intake, particularly who organized the transportation, whether the employer played a role and if there was any benefit to the employer beyond the employee simply getting to work.