King v. SAIF

The “going and coming” rule applies when “injuries sustained while an employee is traveling to or from work do not occur in the course of employment.” See SAIF v. Massari, 291 Or App 349, 420 P3d 659 (2018).

Claimant petitioned for a review of the Workers’ Compensation Board order that determined her foot injury was not compensable. On appeal, Claimant argued the Court’s decision in SAIF v. Massari, 291 Or App 349, 420 P3d 659 (2018) was similar to this case because Claimant’s shift “had not ended and she was still within the scope of her work shift at the time she was injured.” In response, Employer argued the claimant in Massari had just started his shift and here, the “going and coming” rule made Claimant’s injury not compensable. The Court agreed with the Employer that the “going and coming” rule applied because “injuries sustained while an employee is traveling to or from work do not occur in the course of employment.” See SAIF v. Massari, 291 Or App 349, 420 P3d 659 (2018). The Claimant here, as the Board found, was released from work and not under the discretion and control of her employer. This finding was “supported by substantial evidence” and as such, the “Claimant was not in the course of her employment.” Affirmed.