1. (§7.19) General Rule
Library | Workers' Compensation (OSBar) (2008 Ed.) |
D. Going and Coming Rule
1. (§7.19) General Rule
Under the "going and coming rule," an injury sustained by an employee on the way to or returning from the place of employment is not compensable in the absence of special circumstances. Brown v. SAIF, 43 Or App 447, 452, 602 P2d 1151 (1979); Gumbrecht v. SAIF, 21 Or App 389, 392, 534 P2d 1189 (1975); Willis v. State Acc. Ins. Fund, 3 Or App 565, 568, 475 P2d 986 (1970). "The reason for the going and coming rule is that 'the relationship of employer and...
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- Chapter 7 Employment: Course and Scope
- I. (§7.1) Introduction
- II. Compensability: Legal Causation
- A. (§7.2) Compensable Injury
- B. (§7.3) "arising Out Of" and "in the Course Of" Employment Situations
- 1. (§7.4) Personal-comfort Doctrine
- 2. (§7.5) Traveling Employee
- 3. (§7.6) Going to or Coming from Place of Employment
- 4. (§7.7) Work Environment Exposes Worker to Risk of Injury
- 5. (§7.8) On-the-job Falls
- A. (§7.9) Unexplained Falls
- B. (§7.10) Mixed-risk Doctrine
- C. (§7.11) Increased-danger Rule
- III. Exceptions to Compensability
- A. Statutory Exceptions to Compensability
- 1. (§7.12) Exclusions from the Definition of Compensable Injury—ors 656.005(7)(b)
- A. (§7.13) Participant in Assault or Combat
- B. (§7.14) Recreational Activity Primarily for Personal Pleasure
- C. (§7.15) Consumption of Alcohol or Controlled Substances
- 2. (§7.16) Intentional Injuries
- B. (§7.17) Prohibited Conduct
- C. (§7.18) Horseplay
- D. Going and Coming Rule
- 1. (§7.19) General Rule
- 2. Exceptions to Going and Coming Rule
- A. (§7.20) Greater-hazard Exception
- B. (§7.21) Special-errand Exception
- C. (§7.22) Parking-lot Exception
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