Attorney obtained a dismissal with prejudice in a matter tried to conclusion in a case in which the petitioner was injured when the van in which she was a passenger was involved in a motor vehicle accident

Attorney obtained a dismissal with prejudice in a matter tried to conclusion in a case in which the petitioner was injured when the van in which she was a passenger was involved in a motor vehicle accident. At the time of the accident, petitioner was traveling from her home to the premises of her employer. Although state law excludes from the scope of compensability injuries sustained by an employee during her travels to and from her place of employment, petitioner claimed a travel-time exception to this so-called "going & coming rule." The travel-time exception allows home to place of employment coverage where an employee is either paid for time spent traveling to and from a distant job-site, or where an employee utilizes an employer-authorized vehicle for travel to and from work. The Court found that petitioner was not compensated or reimbursed for her travel-time to and from respondent's premises, and that respondent neither authorized nor exercised any control whatsoever over the vehicle in which petitioner was traveling at the time of her accident. Accordingly, the Court dismissed petitioner's claim with prejudice for failure to sustain the burden of proof.