G.E. Engine Maintenance v. Workers' Compensation Appeals Board

Opinion

HOLLENHORST, J.

Petitioners, G.E. Engine Maintenance and Electric Insurance (collectively G.E.), as the affected employer and its insurance carrier, respectively, seek review and annulment of an order of the Workers’

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Compensation Appeals Board finding compensable injuries sustained by applicant Craig Main as a result of a traffic collision that occurred on his way to work. They contend that substantial evidence does not support the finding that the “special risk” exception to the “going and coming” rule applied in this case. We agree, and, accordingly, we annul the order.

Facts

Main was injured in a traffic accident on his way to his place of employment, G.E. Engine Maintenance. The plant is located on Avion Street at Ontario Airport. Avion Street is owned and maintained by the City of Los Angeles Department of Airports.

The accident occurred about 3:20 p.m. about .23 miles from the G.E. test cell facility where Main was employed. Main’s shift was to begin at 3:30 p.m.

Main was riding his motorcycle following a Ford Econoline van. The van made a right turn, colliding with Main and throwing him off his motorcycle. According to G.E.’s version,

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the accident occurred because Main tried to pass the van on the right. The van had its right turn indicator on.

According to Main’s version, the van moved to its left as if to make a left turn. He started to pass the van on the right, and it then swerved back to the right and made a right-hand turn instead. The van’s right front bumper collided with Main’s motorcycle.

A civil traffic engineer testified for G.E. He stated that the area is an industrial area. There are 12 facilities along Avion Street, including a police/fire building, Raytheon hangar, storage yard for air police vehicles, and two G.E. buildings: the main building and the test cell facility. Two of the facilities, the radio tower and the air police, do not generate traffic. Avion is not restricted, i.e., members of the public can drive on it and quite frequently people get lost on it. There are no fast-food or retail establishments on Avion. In other words, there is nothing there that would attract the general public. The public airport terminal is on the other side of the airport about one mile away “as the crow flies.” The expert did not monitor the traffic and could not testify as to the traffic per day.