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Kamala, an employee to whom Chapter VII (Employee's Compensation) of the Code on Social Security, 2020…

Section 74(4) deems an accident while commuting from residence to the place of employment for duty to have "arisen out of and in the course of employment" once the nexus…

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Kamala, an employee to whom Chapter VII (Employee's Compensation) of the Code on Social Security, 2020 applies, is injured in an accident while travelling from her residence to her place of employment to report for her shift. The nexus between the time, place and circumstances of the accident and her employment is established. Is her employer liable to pay compensation?

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Correct answer B

Section 74(4) deems an accident while commuting from residence to the place of employment for duty to have "arisen out of and in the course of employment" once the nexus with the employment is established. Section 74(1) then makes the employer liable, subject to its provisos. The deeming rule does not depend on the employer providing the vehicle.

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