Luna v. Workers' Compensation Appeals Board

Opinion

CROSBY, J. A policeman injured in a traffic accident on his way to work petitions for a writ of review after the workers’ compensation judge (WCJ) [80]and the Workers’ Compensation Appeals Board (Board) denied his claim based on the “going and coming” rule. We affirm.

I

Laguna Beach Police Officer John Luna was injured on August 2, 1985, while driving his private automobile to the stationhouse. Luna’s shift normally began at 11:30 p.m., but weeks earlier he had been notified to report for duty at 10 p.m. to direct traffic for the annual Festival of Arts. He was within the Laguna Beach city limits when he saw a vehicle traveling in his direction at a high rate of speed. Luna testified he intended to stop at a nearby emergency call box to report the traffic violation and assist in apprehending the driver. Before he could act, however, the speeding car rearended him.

The WCJ determined Luna was not injured in the course of his employment; and the Board denied reconsideration on the recommendation of the WCJ, whose opinion it incorporated in the order. Luna challenges the order, citing Labor Code section 3600.2, the “special mission” and “uniformed officer on-call” exceptions to the going and coming rule, and the statutory presumptions that certain enumerated injuries to law enforcement officers are compensable. (Lab. Code, §§ 3212-3212.7.)

II

Generally, an employee injured outside the workplace and ordinary working hours is not entitled to workers’ compensation benefits. (County of Los Angeles v. Workers’ Comp. Apeals Bd. (1983) 145 Cal.App.3d 418 [193 Cal.Rptr. 374]; 2 Hanna, Cal. Law of Employee Injuries and Workmen’s Comp. (2d ed. 1986) Course of Employment, § 9.03[3][a], pp. 9:35-9:36.) There is, however, a statutory exception for off-duty peace officers, who may arrest lawbreakers at any time.

Labor Code section 3600.2 provides, “(a) Whenever any peace officer ... 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, he or his dependents, as the case may be, shall be accorded by his employer all of the same benefits, including the benefits of this division, which he or they would have received had that peace officer been acting under the immediate direction of his employer. Any injury, disability, or death incurred under the