- In the course of employment (proceeding to and from work)
- Right to sue
This right to sue application determined whether the plaintiff/respondent was in the course of his employment at the time of a motor vehicle accident, which would bar his right to sue under the WSIA.
The Vice-Chair denied the application. The respondent was not in the course of employment at the time of the motor vehicle accident and retained his right to sue.The respondent testified that he was driving his own vehicle to his office without any scheduled appointments that day, and that his work hours were flexible, especially due to the COVID-19 pandemic's impact on business. He was also self-employed with another company, but primarily worked for the co-applicant company at the time. The owner of the company confirmed the pandemic reduced business and that the respondent had discretion over his work hours and travel. The respondent was expected to come to the office but was not required to use his vehicle for work and was not reimbursed for travel expenses. The Vice-Chair reviewed the WSIA provisions and relevant case law, emphasizing the general rule that workers are not considered in the course of employment when commuting to work unless their job requires travel as part of their duties. The respondent was found to be traveling to work, not for work, and was not reimbursed or required to use his vehicle. The decision distinguished this case from others where workers were required to travel for work and were reimbursed for travel. The Vice-Chair found the facts similar to a previous decision where a worker driving to a meeting in a company car was not considered in the course of employment until arrival.