Louie Gonzalez v. WCAB (2019) Cal. Wrk. Comp. LEXIS 52, 57 (writ denied) provides an interesting case law review of the coming and going rule. This case involved a State employee leaving work who was injured upon tripping on a curb located at a near-by parking lot that was cheaper than the lot located at the employer's location.

The WCAB summarized that an employee's injury is generally not compensable if incurred when coming or going from work unless the injury was sustained while on the employer's premises (including the parking lot), or due to a "special risk" created by the employment. In this case, the injury was deemed not compensable because it did not occur on the employer's premises nor was there any "special risk" involved. Commissioner Sweeney dissented because the employer knew adjacent lot was used by its employees.

[COMMENT: Case law has been fairly consistent that injuries in parking lots are compensable provided the lots are directly connected to the employer's location, where the particular lot is mandated by the employer, or the lot is being used out of necessity (such as the normally used lot being unavailable due to construction, or lack of access due street closures, etc.).