Does the going and coming rule apply in this case?

Nor was any "special risk" created by the employment in this case which might make inapplicable the going and coming rule. Contrary to the majority's characterization, applicant was not "forced" to wait in a place of danger such as the applicant in Parks v. Workers' Comp. Appeals Bd. (1983) 33 Cal.3d 585, 190 Cal.Rptr. 158, 660 P.2d 382 (applicant injured while stuck in usual heavy school traffic outside workplace). There was no indication in the record that applicant herein was regularly subjected to any delay in work access or to any foreseeable risk of injury, or that any prior, similar accidents had ever taken place. In essence, applicant was injured while engaged in an act of personal convenience

Page 682

I would affirm the board's decision denying benefits.