Laines v. Workmen's Comp. Appeals Bd

In Laines v. Workmen's Comp. Appeals Bd. (1975) 48 Cal.App.3d 872, the Court of Appeal held as a matter of first impression that an injury an employee suffers while traveling to a medical appointment for treatment of an industrial injury should be held to be an injury arising out of and in the course of employment within the meaning of section 3600, even if the existing injury was not a factor contributing to the new injury, and the journey to the medical appointment did not commence at the employee's place of employment. (Laines, supra, 48 Cal.App.3d at pp. 874-875, 877, 880.) There, the industrially injured employee was injured again while en route from his attorney's office to a medical examination in connection with his existing injury. (Id. at pp. 873-874.) In holding that the employee's new injuries were compensable, the Laines court did not address the issue squarely presented in the instant case: Is there a geographic limitation on an employer's risk of incurring compensability liability under the Act with respect to new injuries an employee suffers while en route to a medical appointment for examination or treatment of an existing industrial injury? The Court of Appeal in Laines, however, did allude as follows to the employer's risk of incurring such liability: "The most serious problem with providing coverage in the case of the trip to the doctor's office in a case such as petitioner's, is that the employer lacks the opportunity to exercise any control over the trip. The time the trip is made, the route followed, and the means of transportation employed are completely within the discretion of the employee, and the employer is thus unable to insure that the trip is reasonably safe and free of unnecessary hazards." (Laines, supra, 48 Cal.App.3d at p. 879.)