California, United States of America
The following excerpt is from Olmos v. A-Z Bus Sales, Inc., D071814 (Cal. App. 2017):
The going and coming rule and its exceptions do not set forth a formula of automatic application. (Hinojosa v. Workmen's Comp. Appeals Bd. (1972) 8 Cal.3d 150, 156.) Accidents involving employees traveling to and from work, or engaged in other types of travel, arise in so many varying circumstances that the application of the going and coming rule depends upon the facts of the particular case. (Id. at p. 155 ["each case should be adjudged on its own unique facts"].) "Generally, whether an employee is within the scope of employment is a question of fact; however, when the facts of a case are undisputed and conflicting inferences may not be drawn from those facts, whether an
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