Law, Business, and Society 9th Edition by Tony McAdams

Exercise 17

Joseph Smyth, a college mathematics instructor, was killed while driving his personal auto home from work. At the time, Smyth had student papers with him, which he intended to grade that evening. He often worked at home. Many faculty members took work home in the evenings. However, the college did not require that practice. Indeed, the college neither encouraged nor discouraged working at home.
The widely adopted "going and coming rule" provides that employees injured while commuting to and from work, in general, are not covered by workers' compensation.
a. Should Smyth (and other teachers) be exempted from the going and coming rule, thus permitting recovery by Smyth's family Explain. See Santa Rosa Junior College v. Workers' Compensation Appeals Board and Joann Smyth, 708 P.2d 673 (Cal. S.Ct. 1985).
b. Would you reach a different conclusion had a student been accompanying Smyth Explain.