Tomlin

Petitioner Dave Tomlin is a member of the City of Beverly Hills Police Department (BHPD) Special Response Team, referred to as SWAT (Special Weapons and Tactics Unit). Officer Tomlin sustained an injury while on vacation, training for an upcoming departmental physical fitness test. The Workers' Compensation Administrative Law Judge (WCJ) denied Officer Tomlin workers' compensation benefits. The Workers' Compensation Appeals Board (WCAB) denied his petition for reconsideration. We granted Officer Tomlin's petition for a writ of review, and we now annul the WCAB's decision denying Officer Tomlin benefits. We hold that Officer Tomlin's physical training injury, even though occurring while on vacation, is compensable as a workers' compensation benefit.

Officer Tomlin has been employed by the BHPD since December 1994, and has been a member of the BHPD SWAT for seven years. In addition, Officer Tomlin is an instructor in defense tactics, both for SWAT and for other BHPD police officers.

SWAT handles high-risk situations for the BHPD, including riot control and serving warrants in potentially dangerous conditions. Officers assigned to SWAT are on call 24 hours a day, seven…

INTRODUCTION

Petitioner Dave Tomlin is a member of the City of Beverly Hills Police Department (BHPD) special response team, referred to as SWAT (special weapons and tactics unit). Officer Tomlin sustained an injury while on vacation, training for an upcoming departmental physical fitness test. The workers’ compensation administrative law judge (WCJ) denied Officer Tomlin workers’ compensation benefits. The Workers’ Compensation Appeals Board (WCAB) denied his petition for reconsideration. We granted Officer Tomlin’s petition for a writ of review, and we now annul the WCAB’s decision denying Officer Tomlin benefits. We hold that Officer Tomlin’s physical training injury, even though occurring while on vacation, is compensable as a workers’ compensation benefit.

BACKGROUND

A. Factual Background

Officer Tomlin has been employed by the BHPD since December 1994, and has been a member of the BHPD SWAT for seven years. In addition, Officer Tomlin is an instructor in defense tactics, both for SWAT and for other BHPD police officers.

SWAT handles high-risk situations for the BHPD, including riot control and serving warrants in potentially dangerous conditions. Officers…

The management of the City of Beverly Hills (the City) will undoubtedly be stunned to discover that it is responsible under the workers’ compensation law for an injury suffered by an off-duty police officer engaging in his routine recreational activity of running during a personal vacation in the dead of winter in the State of Wyoming, 1,000 miles from the officer’s place of employment. The City did nothing to lead Officer Dave Tomlin to objectively believe that running while on vacation in Wyoming in December 2005 was an expectancy of his employment. Because Officer Tomlin failed to satisfy the second prong of the “reasonable expectancy” test set forth in Ezzy v. Workers’ Comp. Appeals Bd. (1983) 146 Cal.App.3d 252, 259-260 [ 194 Cal.Rptr. 90 ] (Ezzy), I respectfully dissent from the majority’s reversal of the denial of compensation to Officer Tomlin by the Workers’ Compensation Appeals Board.

There is nothing in the record to show that the City had any notice that Officer Tomlin intended to run, on a slippery sidewalk, in the winter in Wyoming. Certainly there is nothing in the record before this court to even *1433 remotely suggest that Officer Tomlin could entertain an…