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2 Comments
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James Witkop Sep 20, 2021 a 7:41 am PDT
Coming and going is not an affirmative defense. The regular work commute is not AOE/COE. An affirmative defense admits the injury is AOE/COE but is barred due to the application of an affirmative defense.
Donald Barthel Sep 27, 2021 a 1:47 pm PDT
Thanks, James. Excellent technical point. Though we don't want to suggest that defendants shouldn't collect evidence as quickly as possible when faced with opportunity to win with going and coming arguments. Thanks so much for attending our webinar. These free monthly educational events provide both an opportunity to brush up on w/c issues and a great way to obtain continuing education credits. We also have over 50 prerecorded hours of accredited programs on Bradford & Barthel's website. All are invited to visit our new B&B site to access the prerecorded trainings and to sign up for future trainings. The next training, Factual Denials, will be 10/14/2021 12:00 pm - 1:00 pm