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Court finds special hazards exception applies to 3 man crew injured on their 2 hour commute home

Three separate workers’ compensation claims arose out of a car accident, which injured the driver and a passenger, and took the life of another passenger in Petry v. Kilbarger, 5th Dist. No. CT2015-0011, 2015-Ohio-4662, Nov. 6, 2015, Perry v. Kilbarger, 5th Dist. No. CT2015-0012, 2015-Ohio-4661, Nov. 6, 2015, and McMasters v. Kilbarger Construction, Inc., 5th Dist. No. CT2015-0010, 2015-Ohio-4663, Nov. 6, 2015. After a 16 hour work day on a drill rigging job, the three employees embarked on a 2-hour commute home. Although injuries during a work commute generally are not compensable, the court found all three claims compensable under the special hazard exception to the coming and going rule because the risk incurred in this accident was distinctive in nature and/or quantitatively greater than the risk common to the public.

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