Travel during rush hour for early meeting not compensable

Tuesday, December 20th, 2011 Workers' Compensation

A president of a corporation that operated a restaurant was injured in a motor vehicle accident on his way to work. He had an early meeting that required him to leave home earlier than his regular time. He controlled his own hours and admitted that he could have held the meeting during regular business hours. The president sought benefits. The New Jersey Superior Court, Appellate Division held that he was not entitled to benefits. The president argued that the going and coming rule did not apply because he was injured while acting under the special direction of his employer to arrive early to work.


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