Pettigrew

Pettigrew v. Workers' Compensation Appeals Board

Good Law
143 Cal. App. 4th 397·2006 Cal. App. LEXIS 1486·2006 Daily Journal DAR 13019·48 Cal. Rptr. 3d 922·71 Cal. Comp. Cases 1248
Court of Appeal of CaliforniaSeptember 26, 2006C052030California3,714 words

Opinion

Opinion

Hull, J.

Ryan Pettigrew filed a petition for a writ of review in this court pursuant to Labor Code section 5950 (hereafter all statutory references are to the Labor Code) to challenge a decision of the Workers’ Compensation Appeals Board (WCAB) denying his claim for workers’ compensation benefits (§ 3200 et seq.). We issued a writ of review directing the WCAB to submit the administrative record for review by this court.

Pettigrew contends he is entitled to workers’ compensation benefits for injuries he sustained when he stopped to help at an accident scene he came upon on his way to work as a correctional officer for the California Department of Corrections and Rehabilitation, California Medical Facility (DOC).

The workers’ compensation judge (WCJ) and the WCAB found that Pettigrew was not acting as a peace officer at the time he stopped at the accident and that his job duties did not require him to stop and render aid and, therefore, Pettigrew was not within the course and scope of his employment when he was injured. Having reviewed the administrative record, we appreciate Pettigrew’s efforts to give assistance to those involved in the accident, but we find no reason to disturb…

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