Carrillo v. Workers' Compensation Appeals Board

Opinion

BROWN (G. A.), P. J.

Petitioner attacks respondent board’s decision denying her petition for reconsideration after the compensation judge found that her injuries incurred on October 22, 1979, are not compensable.

Facts

Petitioner was employed as a Stanislaus County Reserve Deputy Sheriff. On October 22, 1979, she was assigned to work at the Women’s Honor Farm located about 20 miles from her home. Petitioner left home about 6 a.m. in her private car. She wore her sheriff’s uniform and badge because there was no place to change at the honor farm, but did not take a sidearm because she would have to lock it up upon arrival.

About one mile from home, petitioner was seriously injured in an automobile accident.

The Stanislaus County Sheriff’s Department published a Manual of Policy and Ethics (policy manual). On June 28, 1978, petitioner was required to

[1179]

sign a certificate stating that she had reviewed the manual and acknowledging her responsibility to “read, become familiar with, understand and abide by the provisions of the adopted manual.”

The policy manual provides:

“025.30 Hours of Duty

“Regular hours of active duty shall be assigned to each member. Members shall be considered ‘off duty’ during other hours. Deputy personnel, although technically ‘off duty’, shall take action as deemed appropriate on any police matter coming to their attention. When so engaged, they shall have the same status as during active duty, except with respect to the enforcement of traffic infractions. In nonemergent situations, this action may consist of notification to the police agency having jurisdiction.”

Petitioner testified without contradiction that it was part of her duty required by regulations to be ready to render assistance to the public if required while traveling from her home to the Women’s Honor Farm.

The workers’ compensation judge found that petitioner’s injuries did not arise out of and in the course of her employment.