California Subscriber

This should be compensable under WC.  The most critical factor is that the break was authorized and paid.  Take a look at Wood Pontiac Cadillac v. Superior Court, 5 Cal.App.4th 810 (Cal.App. 1 Dist., 1992).  It states that an employee's injuries while traveling to or from a compensated meal break are compensable whether the employee is paid at an hourly rate or is salaried.  Also, an employee injured while traveling to an authorized but unscheduled lunch break is “compensated” at the time of the accident, so basically even if the break is not official it is still considered paid if the employer knows about and permits it.

Courts in California have not specifically stated that it is important to determine whether there is an on-site area for breaks, and how close the employee is to the worksite when injured offsite during break.  But these are factors courts in other states have found crucial in concluding an injury is compensable (and California doesn't say anything to the contrary), so the facts that your employee had no on-site break place option and that the injury took place a mere 82 ft from the worksite only serve to further bolster your case.