*1 No. 23300. In Bank. Feb. [S.F. 1976.] WILSON, Petitioner,
DOROTHY BOARD, WORKERS’ COMPENSATION APPEALS al., OAKLAND UNIFIED SCHOOL DISTRICT et Respondents.
Counsel Allen,
Van Van Williams & & Bourg, Weinberg, Levy, Bourg Roger, J. Hackler Frank for Petitioner. Reilly Vonk, W.
T. James J. S. and Glenn Groezinger, George Bjornsen Groenewold for Respondents.
Opinion CLARK, J. seeks review of a Workers’ Applicant Compensation Board a referee’s award and decision Appeals vacating compensation in the that her did not arise “out of and course of holding injury Code, order. 3600.) We affirm the board’s (Lab. § employment.” a school After her children to their grade driving applicant, teacher, to her school. sustained in an accident automobile driving injury class, for use in art Her car contained a small of thread bag few and a materials home previous evening, her manual. including
The school district did not instructors to commute employing require in their cars. The and teachers did school were personal unitary grounds not travel elsewhere was available Public day. used the class schedule did at least one teacher. Since regularly not include a for lessons or specific period planning grading papers, instructors these duties at school outside class commonly performed or at home in the Teachers could class periods evening. complete at school but home for their own chose to work at preparation usually convenience. which, the school contained curriculum a
Although libraiy guide other teachers to enliven and to awaken lectures among things, urged sketches, charts, with and other pupil imagination home-gathered maps materials, the did teachers to demonstrational school district not require Moreover, the district read the or to with its guide comply suggestions. of the children’s use. art materials for supplied adequate quantities The board denied benefits after following principal making her because home was not a second jobsite applicant’s findings: choice, (2) school hours were matters of activities outside only personal the “trans- convenience motivated automobile applicant’s trip, nor of of the work-related items was trip, major part portation alternative reason for the even trip.” significant
The
rule
that workers’
coming”
provides
compensa
while the
sustained
does not
injuries
ordinarily
employ
compensate
Hanna,
ee
from
Cal. Law
travels to or
work. (2
Employee Injuries
ed.
subd.
(2d
1975)
9.03[3],
[b].)
Applicant although commute, her and she is entitled to from the regular exemption going her rule because established circumstances are coming exceptional at her work home the before the accident and performing night work-related materials and the items—the transporting —to class. done at a
Work home an may exempt- injury occurring from the the commute rule if circumstances of regular going coming not mere dictates convenience to the employment—and employee— make the home a second If the home becomes second business jobsite. situs, the familiar rule sustained while applies traveling between is etc. Co. v. L. (Western States jobsites compensable. Bayside Co. Cal. 140 (1920) 182 P. State Ins. Fund v. 735]; Industrial Comm. 2d Larson, Utah P.2d Compensa Law, 15.14; cf. Indem. Co. v. Acc. § Industrial Com. (1946) Pacific Cal.2d 329 P.2d Ind. 18]; Cal. Cas. Exch. v. Ind. Acc. Com. (1943) However, Cal.2d 751 if for work is at home performed convenience, the commute does not constitute a business employee’s since own convenience trip, serving employee’s selecting to work is a not a business off-premise place personal purpose. Law, Larson, Workmen’s 18.33.) The record the board’s determination that compels applicant’s home did not constitute a second from warranting jobsite exemption rule. The demanded going coming job only explicit requirements that she to the school else. Her employer’s grounds—nowhere to work classroom hours did not implicit requirement beyond require labor at home. Teachers often worked after 3:15 in the school building unless their broad freedom vis-a-vis the nature and hours of personal class led them home for the sake of convenience. There is no preparation claim that facilities at school were not sufficient to permit completion chores. preparatory
That of work at home applicant’s must type regularly performed disturb the board’s determination. The contemporary professional There, takes work home. frequently draftsman on a designs napkin, breakfast, the businessman labors in the plans But lawyer evening. this hearthside commendable—does not create a white- activity—while collar to the rule. exception going coming convenience,
Because work at home her for own applicant performed work-related materials to facilitate her work there was also transporting convenience, for no basis for from the personal furnishing have been essential Transporting spools may applicant’s but unless such materials route or mode require or increase the risk of mere does injury—their transport *5 not warrant from the and v. (See Hinson going coming 246, Workmen’s Bd. 42 251 (1974) Comp. Appeals Cal.App.3d [116 792]; State Fund Ins. v. Workmen’s Bd. Cal.Rptr. Comp. Comp. Appeals 902, 29 (1973) 907 v. Cal.App.3d 39]; Cal.Rptr. Humphry Safeway [106 589, Inc. Stores 4 (1935) 594-595 208]; Cal.App.2d Eby 280, Industrial Acc. Com. P. see Cal.App. Larson, Law, 18.24.) Such cartage common and must be viewed as incident to the commute rather than as of the part employment.
The small did not call for a mode or route of bag spools particular Therefore, nor did it increase the risk of the facts injury. of this case show a commute without or regular extraordinary special circumstance from the rule. The warranting exception coming decision of the Workers’ Board is affirmed. Compensation Appeals J., J., McComb, J., Sullivan, J., Richardson, C. concurred.
Wright, view, TOBRINER, J.I of the Court of dissent. my opinion Four, District, First Justice Division Appeal, Appellate by prepared Christian, Winslow on the concluded that facts of this case properly was this court’s in under decision applicant’s injury compensable 150, 8 Cal.3d Bd. Hinojosa Comp. Appeals 456, 501 P.2d with the in set forth Cal.Rptr. analysis Agreeing Justice I Christian’s as Such dissent. opinion, opinion my adopt deletions and as (with additions follows:* opinion indicated) appropriate Wilson, schools, a teacher in the Oakland was Dorothy public [] to school from her car home when her was struck car. another driving by accident, and she was At the time of the had with her injured. petitioner books, in the before, car which cards she had night The board materials. on the benefits basis of the denied which rule” holds “the that occurs noncompensable injury a local commute fixed enroute to a fixed of business at place hours in the absence or circumstances.” extraordinary (Hinojo- sa v. Workmen’s 8 Cal.3d 456, 501 P.2d An incurred such travel is however, in “in which the situations compensable, “special” employer, himself, because of benefit to places extraordinary upon requirement employee, thereby re-establishing employment relationship transit,- the case of in the on case imposing liability employer employee’s injury.” p. accident, cards, At the time of the was [] petitioner carrying report material, art activities ánd thread in her car. papers, sewing On occasions had prior petitioner heavy brought bulky objects sand, candles, such as an sack of wax for and 2-foot 80-pound 4-foot to be used as aids. posters reading
One of the situations described the court in “special” Hinojosa, *6 is that in which the is or employee “expressly impliedly required or to furnish his own means of to the . ..” (8 expected transportation job. Cal.3d at v. 69 Smith Workmen’s Bd. (1968) p. Comp. App. 253, Cal.2d 814 social P.2d Cal.Rptr. employee, worker, was to to work to to his automobile bring respond required clients; to visit incurred in travel was calls and an emergency therefore If was or compensable. petitioner expressly impliedly required to she which articles to school automobile bring transportation, required [], *Brackets this manner are deletions from the in used to indicate together, opinion (other the Court of than editor’s brackets material added parallel Appeal; enclosing are, indicated, citations) own denote insertions or additions. my unless otherwise used to 183, 976, 978, (Keizer v. Adams 2 Cal.3d P.2d fn. 1 Cal.Rptr. would be or to furnish own means of “required expected [her] to the and thus would come within this to job,” exception coming” first, Two was
. or questions emerge: petitioner expressly impliedly Second, to to school for use her students? required transport objects were the she such that use of an automobile would be objects transported required?
There was uncontradicted evidence that was to petitioner encouraged materials to the classroom. The school bring testified that principal materials are but that teachers are teaching encour- normally supplied, to devise and to material aged such as be special projects bring may needed for their A curriculum to projects. guide given primary grade teachers the school district states that a teacher should collect pictures and “concrete items related to units of work: A railroad spike, lantern, trainman’s a bus driver’s a milkman’s hat can be punch, examined and also used in dramatic closely, play.” was not or
Although petitioner
as a
expressly
impliedly required,
condition of her
to
materials to
or
bring any specific
time,
to
materials at
there was uncontradicted evidence
bring
any specific
that she could not have fulfilled her
at the
professional responsibilities
level
if she
had
done so. Petitioner
expected by
employer
a benefit to the school district
additional
provided
by supplying
materials.
benefit is a
factor in
whether
Employer
significant
determining
to the
rule
(Hinman
appropriate.
956,
188,
Elec.
Co.
2 Cal.3d
Westinghouse
Cal.Rptr.
also
see
McCarty
677,
681-682
date of the accident. she without handle;” the materials were “difficult to thus it is to be inferred that the use of a car was necessary transport objects. [] I conclude that the decision of Worker’s
[Accordingly, Compensa- Board, benefits, should be Appeals denying applicant reversed.] *7 Mosk, J., concurred.