In this issue..
City of Los Angels v. WCAB
(DeLeon)
Vol. XIII No.
XI
November 2007
COMPENSATION
NEWS
MONTHLY REPORT
Court of Appeal gives good discussion of
commercial traveler rule and special
mission
This is an appellate
decision that was not
published
T
his is a significant
decision even though it
is not a published case.
It gives a good discussion of the
commercial traveler rule, the
special mission exception, and
the little known theory of
personal self-improvement.
The applicant was employed
by the city as an accountant. The
applicant was a Certified Public
Accountant (CPA)but not
required by the employer to be
one.
The applicant attended a CPA
convention in another state. It
was not required. The applicant
was not reimbursed for the trip.
On the trip the applicant slipped
and fell striking his head. He
eventually died. A claim for death
benefits ensued and the employer
denied injury.
A trial was held and the
Workers' Compensation Judge
(WCJ) found the death industrial.
The WCJ found a "special
mission". The Workers'
compensation Appeals Board
(WCAB) affirmed the decision.
Defendant filed a Writ.
The appellate court
overturned the decision. This is
an excellent discussion of valid
case law.
They discuss the commercial
traveler exception to claim
for industrial injury . They
indicated the exception was
inapplicable here. They then
discuss the special mission
exception and find that
inapplicable as well. Finally,
they discuss a little no
exception of personal self-
improvement and find that in
applicable as well.
=================
Editor: Harvey Brown
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18881 Von
Karman # 250 Irvine 92612
Phone: 949 252-1300
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