Journey accidents when on recall

WCT51/14 Bucket (“As the rostered on call doctor … [W] was expected to re-examine and reassess any new patient he had seen overnight [as part of recall duties], before the end of his on call period the following morning. Fulfilment of this expectation was the established practice. … [W] did not need a specific instruction to do so because he correctly understood it was an expectation of the respondent that he would carry out that duty. He was accordingly authorised by the expectation to carry out this recall duty. The obligation was to attend at either FMC or WCH in the morning depending on where he had examined the patient overnight, and before the start of his normal day shift at FMC” @12 – W was injured in a car accident whilst on the way to perform his recall duty before he started his regular morning shift – R contended that W’s “second journey to FMC, on which he was injured, was for the purpose of an unauthorised or voluntary early start to his normal day shift which included checking on Mr A, but none of this was a recall duty” @30 – “At the moment of injury he was travelling to attend work for the purpose of performing more recall work tasks that arose solely as a result of him being recalled to duty earlier in the same on call period. The only reason he was travelling at that particular time was to perform recall duties. He was also entitled to be paid wages for the whole time spent on the journey, as the recall was deemed by the EA to commence at the start of that journey” @32 – “the journey was undertaken in the course of the applicant carrying out a duty of his employment. It follows that the injuries sustained by the applicant are compensable” @43 – W’s past practice of not claiming wages for his second recall journey, and the fact he did not claim such on this occasion, did not negate his legal entitlement to such payment – W also submitted, correctly, that his home was notionally his place of employment while on-call, but it did not follow, as W submitted, that he was injured on a journey between two places of employment)