Is a police officer entitled to workers' compensation benefits for driving his personal car to the police station?

California, United States of America


The following excerpt is from City of San Diego v. W.C.A.B., 108 Cal.Rptr.2d 510, 89 Cal.App.4th 1385 (Cal. App. 2001):

Similarly, in Luna v. Workers' Comp. Appeals Bd., supra, 199 Cal.App.3d 77, 244 Cal.Rptr. 596, a police officer was injured while driving his personal car to the police station at an earlier time than he normally reported for duty so that he could direct traffic for an annual art festival. The officer contended that he was entitled to workers' compensation benefits for his injuries because he was acting within the scope of his employment during the commute to the station pursuant to the special mission exception. The court of appeal rejected this contention, however, concluding that because officers' shifts were routinely extended to meet additional needs, the festival had been a annual event for more than 50 years, and officers were expected to work extra hours during the festival and received overtime pay for their efforts, the officer's commute was not an "unusual or special trip" that brought him outside the going and coming rule. (Id. at p. 83, 244 Cal.Rptr. 596.)

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