Greydanus v. Industrial Accident Commission

MOSK, J. The petitioners in this proceeding seek review and annulment of an award of compensation to respondent Dominique Basterretche. The facts are both uncomplicated and undisputed and, for our purposes, may be readily summarized :

Basterretche was permanently employed to milk cows at the dairy operated by petitioner R. G. Greydanus. As required, he reported for work each morning at 4:30 a.m. at the milking bam situated beside a two-lane highway near Chino. In order to reach the barn it was necessary to turn off the highway into a short driveway leading to the barn. On the morning of March 20, 1963, as Basterretche proceeded in his automobile to turn left off the highway to drive to the barn, his vehicle was struck hy a truck which was attempting to pass him on the left. At the time of the impact Basterretche had completed his turn, and his car was headed directly toward the barn. The wheels were a few feet short of touching the apron of the driveway, but most of the vehicle was over the highway lane.he was crossing. Basterretche received multiple injuries for which the commission awarded compensation.

The commission held that “applicant . . . had entered the necessary means of access to the employer’s premises and, thus, had come within the field of special risk created by the employment. ...” The employer and his compensation insurance carrier.seek annulment, of the award on [492]the ground that the injury occurred while Basterretche was en route to work and before he reached the employer’s premises.

The general rule is that employees are not covered by workmen’s compensation while “going and coming” to and from their places of work. (See, e.g., Postal Tel. Cable Co. v. Industrial Acc. Com. (1934) 1 Cal.2d 730, 733 [37 P.2d 441, 96 A.L.R. 460].) It is equally clear that the point at which an employee is no longer “going or coming” and has entered the area of his employment involves a factual determination.

In reaching its decision here, the commission relied heavily on Pacific Indem. Co. v. Industrial Acc. Com. (Henslick) (1946) 28 Cal.2d 329 [170 P.2d 18], a case in which applicable rules to guide the trier of fact were enunciated. In Henslick (at pp. 335-336) the court stated: “In compensation law the general rule is well established that injuries received by an employee while going to or coming from his place of work are not compensable. [Citations.] However, in applying this general rule to borderline cases, the term ‘employment’ has been held to include ‘not only the doing of the work, but a reasonable margin of time and space necessary to be used in passing to and from the place where the work is to be done. ’ [Citations.] In further clarification of the general rule it has been held that injuries sustained by an employee while going to or from his place of work upon premises owned or controlled by his employer are generally deemed to have arisen out of and in the course of the employment. [Citations.] Also, it is well settled that if the employment creates a special risk, an employee is entitled to compensation for injuries sustained within the field of that risk. The employee may be subject to such a risk as soon as he enters the employer’s premises, or the necessary means of access thereto, even when the latter is not under the employer’s control or- management. [Citations].”