Decision  Yong Zheng (deceased), Xiuhua Feng (Claimant) v. Ming G. Chen

Date:	06/22/2020
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 007037-18
Location:	Boston

• Employee: Yong Zheng (deceased)
• Claimant: Xiuhua Feng (1)
• Employer: Ming G. Chen
• Insurer: Workers' Compensation Trust Fund

FABRICANT, J.  The claimant appeals from a decision in which the administrative judge denied a claim for survivor spouse benefits, pursuant to G. L. c. 152, § 31, originating from a fatal motor vehicle accident while the employee was being transported from a jobsite by the alleged employer.  The judge found that the “going and coming rule” applied to bar the claim because the employee’s accident occurred during a commute from his workplace, his job duties neither required him to travel nor impelled him to make the trip, and he was not actually engaged, with the employer’s authorization, in the business affairs or undertakings of employment. G. L. c. 152, § 26.²  For the reasons that follow, we reverse in part, and recommit the case for further findings.

¹   The claimant, Xiuhua Feng, is the wife of the decedent employee, Yong Zheng (hereinafter, “employee”), and is the only party seeking benefits.  Regardless, she has not previously been identified as such, and does not appear in prior file captions.  Although Attorney Schwartz was clearly acting on the claimant’s behalf, the judge’s decision does not identify him as the claimant’s representative.  We herein correct these oversights.

²  General Laws c. 152, § 26, provides, in pertinent part:

If an employee…receives a personal injury arising out of and in the course of his employment, or arising out of an ordinary risk of the street while actually engaged, with his employer’s authorization, in the business affairs or undertakings of his employer, and whether within or without the commonwealth, he shall be paid compensation . . . .