Decision

Decision  Derick Fedders v. Federated Systems Group

Date: 01/08/2002
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 051837-94
Location: Boston
  • Employee: Derick Fedders
  • Employer: Federated Systems Group
  • Self Insurer: Federated Department Stores

LEVINE, J. The self-insurer appeals from a decision in which an administrative judge awarded the employee compensation for an injury suffered while assisting motorists stranded off the traveled part of a highway. The employee worked as a field service technician, maintaining and repairing equipment in several of the employer’s department stores. (Dec. 4.) At the time of his accident, the employee was travelling home from his last service call of the day. The self-insurer contends that the employee was barred from recovery by the going and coming rule, and, in the alternative, because the employee’s actions in assisting the motorists did not arise out of his employment. We disagree with both contentions and affirm the decision.

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