Court of Appeal Limits Employer's Liability In Compensable Consequence Case To Reasonable Geographic Area
October 14, 2009
We are pleased to report that the Court of Appeal has limited employers' compensability liability to a reasonable geographic area in the matter of Esquivel v. WCAB et al. In Esquivel, the injured worker lived in San Diego and claimed that the substantial injuries she sustained in a motor vehicle accident were a compensable consequence of her industrial injury because she was en route to her industrial medical appointment. Applicant's point of departure was her relatives' home in San Bernardino County 130 miles from her home and the physician's office.
Laughlin Falbo, Levy & Moresi represented the employer, Corrections Corporation of America, and successfully argued that the employer's liability should be limited to a reasonable geographic area based on the location of applicant's residence and the physician's office. The Court of Appeal agreed and opined that there was no reason the employer should bear the risk of Applicant's extended travel, unrelated to the need for medical treatment.
We suggest that you keep this case in mind for claims of injuries due to motor vehicle accidents alleged to occur going to or coming from an industrial medical appointment. For further questions or commentary regarding this case, please contact Matt Hurlimann in our San Diego office.
Tania Esquivel v. WCAB and Corrections Corporation of America San Diego Detention et al. (Case No.: D054197) 4th Dist. 1st Div. certified for publication.
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