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HINOJOSA v. WORKMEN'S COMP. APPEALS BD.

Docket No. S.F. 22869.

8 Cal.3d 150 (1972)

501 P.2d 1176

104 Cal. Rptr. 456

MIGUEL HINOJOSA, a Minor, etc., Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, W.W. WIEST et al., Respondents.

Supreme Court of California. In Bank.

October 18, 1972.

Attorney(s) appearing for the Case

COUNSEL

Fullerton, Lang & Richert, Frank H. Lang, Jr., and Harold L. Williams for Petitioner.

Melvin S. Witt as Amicus Curiae on behalf of Petitioner.

Mullen & Filippi, Frank J. Filippi and Charles F. Lee for Respondents.

OPINION

TOBRINER, J.

Petitioner seeks review of a decision of the Workmen's Compensation Appeals Board vacating a referee's compensation award on the grounds that by reason of the so-called "going and coming rule" the injury to petitioner did not arise "out of and in the course of employment." We believe that instead of the rigid and automatic "going and coming rule" posited by the board...

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