UNIQUE BUNKHOUSE RULE CASE
Applicant was a bus driver who due to having an early morning shift, spent the night at the employer's premises, and was injured when she slipped and fell in the employer provided shower. The defense denied liability because the injury did not occur while she was working, and the employer provided sleeping and showering facilities were merely a convenience and not required to be used.
The WCAB held that the bunkhouse rule applied, which provides that any injuries sustained while living on the employer's premises are compensable as long as the premises are being used in a reasonable and anticipated manner. The bunkhouse rule is not just limited to situations where the living arrangement is a requirement of the job, the rule applies as long as living on the employers' premises is contemplated by the employment agreement or nature of the employment. Santa Clara VTA v. WCAB (Cappucci) 2021 Cal.Wk. Comp. LEXIS 9, Writ Denied.
[COMMENT: We perceive the bunkhouse rule only applying where an employee must to live for weeks or months on the employers cattle ranch, oil rig, motel, etc. but this case shows it may also apply to the occasional or casual live-in situation.]
