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CITY OF SAN DIEGO v. W.C.A.B.

No. D036744.

108 Cal.Rptr.2d 510 (2001)

89 Cal.App.4th 1385

CITY OF SAN DIEGO, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and Stephen E. Molnar, Respondents.

Court of Appeals of California, Fourth District, Division One.

Review Denied October 17, 2001.

Attorney(s) appearing for the Case

Casey Gwinn, City Attorney, Anita M. Noone, Assistant City Attorney, and Robert J. Mulcahy, Deputy City Attorney, for Petitioner.

Law Offices of O'Mara & Hampton and Thomas I. Hampton for Respondent Stephen E. Molnar.

No appearance for Respondent Workers' Compensation Appeals Board.

McINTYRE, J.

Under principles of workers' compensation law, an employee commuting to or from work is generally not considered to be acting within the scope of his or her employment at that time. (Dimmig v. Workmen's Comp. Appeals Bd. (1972) 6 Cal.3d 860, 865-866, 101 Cal.Rptr. 105, 495 P.2d 433.) This principle, which is known as the "going and...

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