Is an off-duty peace officer entitled to workers' compensation?

California, United States of America


The following excerpt is from Hodges v. Yarian, 53 Cal.App.4th 973, 62 Cal.Rptr.2d 130 (Cal. App. 1997):

7 For example, although an employee who is injured outside the workplace and his or her assigned working hours is ordinarily not entitled to workers' compensation benefits (County of Los Angeles v. Workers' Comp. Appeals Bd. (1983) 145 Cal.App.3d 418, 193 Cal.Rptr. 374), there is a statutory exception for off-duty peace officers, who may arrest lawbreakers at any time. (Luna v. Worker's Comp. Appeals Bd. (1988) 199 Cal.App.3d 77, 80-81, 244 Cal.Rptr. 596.) Such an officer is entitled to compensation whenever he "is injured, dies, or is disabled from performing his duties as a peace officer by reason of engaging in the apprehension or attempted apprehension of law violators or suspected law violators, or protection or preservation of life or property, or the preservation of the peace anywhere in this state, including the local jurisdiction in which he is employed, but is not at the time acting under the immediate direction of his employer...." (Lab.Code, 3600.2, subd. (a).) Any such injury "shall be deemed to have arisen out of and been sustained in the course of employment for purposes of workers' compensation and all other benefits." (Ibid.)

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