Employment: Course / Scope of
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Whether or not employee is a “fixed status” employee depends on whether they work at a fixed location determined by the employer, even if the location changes periodically. Going and coming rule applies to determine whether or not fixed status employee injured while travelling to work is eligible for workers’ compensation. Under going and coming rule, fixed status employee is eligible for workers’ compensation if the travel benefits the employer and creates a distinctive risk (or a risk greater than that of the public).
Vote: 4-0, 1 concur in syllabus and judgment, 2 concur in judgment only
Opinion by: Justice Cook