In this issue...
Tulare v. WCAB(Furtaw) . 1
Vol. X No.6
JUNE 2004
COMPENSATION
NEWS
MONTHLY REPORT
Police officer involved in Going and
Coming Rule
This is a writ denied
case.
T
his newsletter normally
does not cover writ
denied cases. This is an
exception. The appellate court
actually wrote a thorough review
of case law in this area which
makes the opinion worthy of
comment.
The applicant was a police
officer. The City had a "Personal
Car Program". An officer is
allowed to use a city furnished
vehicle off-duty for any normal
domestic off -duty use.
The applicant was involved in
an accident on his way to work.
The applicant had his children in
the car and was not on a direct
commute to work. The applicant
had prior approval from a
supervisor to drive his children to
work.
At trial a Workers'
Compensation Judge (WCJ)
found the injury industrial. The
City filed a Petition For
Reconsideration and the
Workers' Compensation Appeals
Board (WCAB) agreed with the
WCJ that the injury was
industrial. A writ was filed.
The appellate court indicated
that the "going and coming" rule
generally precludes an applicant's
recovery for a local commute.
An exception is when the
applicant's trip involves an
incidental benefit to the employer.
The conduct may be reasonably
related to the fulfillment of the
employer's requirements.
The court also looked at a
case where an officer died riding
his own personal motorcycle
home from work and found it
compensable. He was wearing his
uniform.
The court analogized and
indicated that in this instance the
applicant was driving a marked
police vehicle through the
community and listening to the
police radio. This benefitted the
city and therefore, was a
compensable injury.
Editor: Harvey Brown
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18500 Von
Karman #470, Irvine
Phone: 949 644-2694
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