Cleve v. Workmen's Compensation Appeals Board

[229]

BROWN (Gerald), P. J.

At 8:15 a.m., March 31, 1967, a rainy day, while coming to work for a mandatory 8:30 briefing, petitioner Newport Beach Policewoman Celeste Joan Van Cleve drove onto the parking lot provided by her employer; parked; pushed open her Oldsmobile’s door; and, started to move out of the vehicle while twisting her body reaching into the back seat for the raincoat she brought to protect her uniform. Her left foot ceased supporting her. Something in her back snapped, causing injury.

Injuries received while going to or from work

upon premises owned or controlled by an employer

are generally deemed to have arisen out of and in the course of employment (Lab. Code, § 3600;

Greydanus

v.

Industrial Acc. Com.,

63 Cal.2d 490, 492 [47 Cal.Rptr. 384, 407 P.2d 296];

Pacific Indem. Co.

v.

Industrial Acc. Com.

(Henslick), 28 Cal.2d 329, 335-336 [170 P.2d 18];

California Cas. Ind. Exchange

v.

Industrial Acc. Com. (Cooper),

21 Cal.2d 751 [135 P.2d 158]). Reversing a referee, the Workmen’s Compensation Appeals Board denied compensation here because it determined : 1) petitioner intended to have coffee before the mandatory 8:30 briefing; 2) petitioner was injured before her working day began; 3) petitioner’s employment did not create a special risk causing her injury; and, 4) petitioner’s employer’s premises did not create a hazard causing her injury.

Petitioner’s deposition reveals she intended to have coffee on her employer’s premises before attending the mandatory 8:30 a.m. briefing. In

California Cas. Ind. Exchange

v.