The Massachusetts Department of Industrial Accidents, Review Board, recently analyzed whether an employee could receive workers’ compensation for injuries sustained while driving home from a nursing job. According to the “going and coming” rule, employees who are traveling to and from work are barred from recovering compensation for their injuries. In the case before the Board, the workers’ compensation insurance company argued that the employee had a fixed place of business, and she had been merely commuting home.
The Board turned to caselaw to determine whether the facts supported a finding that the employee could recover benefits. In this case, the 71-year-old employee worked as a nurse of the employer. The employer assigned her to work at a facility in Vermont, while the employee lived in Danvers. She would travel to Vermont at the start of the work week and return home after her shift ended, five days later.