Morrison Mahoney Associate Justin Starr was quoted in a recent edition of Massachusetts Lawyers Weekly.
The article discussed how the “going-and-coming” rule did not bar a workers’ compensation claim for survivor spouse benefits brought by the wife of a day laborer killed in a collision that occurred when he was being transported from a New Hampshire job site by his alleged employer, the Department of Industrial Accidents Reviewing Board has ruled.
The DIA Reviewing Board ultimately concluded that the going-and-coming rule did not apply because the employer-provided transportation to and from the job site was an implied “incident” of the decedent’s employment.
Justin weighed in and stated how going-and-coming cases tend to be fact-specific, making it difficult to generalize.
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