How has the Fellowship of the American College of Engineering been adjudicated on the first and second elements of a motor vehicle accident claim?

To prevail on the first element, the Fellowship was required to prove that Minish knew her injuries did not arise out of and in the course of her employment. This would arguably include the fact that she knew she was not doing volunteer construction work at the time of the accident. Minish has not challenged the sufficiency of the evidence to support the trial court's implied findings on the first element. While we may treat that failure as a forfeiture (People v. Stanley (1995) 10 Cal.4th 764, 793), we exercise our discretion to address the question.