State Lottery Commission v. Workers' Compensation Appeals Board

Good Law

1996 Cal. App. LEXIS 1006·50 Cal. App. 4th 311·57 Cal. Rptr. 2d 745·96 Daily Journal DAR 13116·61 Cal. Comp. Cases 1134

Court of Appeal of CaliforniaOctober 29, 1996C023424California2,610 words

Opinion

Sims, J.

Petitioner California State Lottery Commission (the Lottery) filed its petition for writ of review seeking to overturn the order of respondent Workers’ Compensation Appeals Board (the Board) awarding compensation to respondent Joel Garcia, an employee of the Lottery, for what the Board found to be a work-related injury. (Lab. Code, § 3600.) We issued a writ of review and now shall annul the award.

Facts

Garcia works for the Lottery as a “lottery agent,” a position that carries the status of peace officer. (Pen. Code, § 830.3, subd. (p).) His duties include background checks of personnel, security at the printing plant, and investigation of lottery-related crimes. (Gov. Code, § 8880.38.) He works in the field about 50 percent of the time, covering a territory from Fresno to the Oregon border. He is provided with a state-owned car which he is required to use in the field, a gun, and a pager. He is expected to respond to calls after normal business hours, on weekends, and on holidays. He does not wear a uniform.

On the morning of January 4, 1993, after dressing for work (including his gun and pager), he sustained injury when he slipped and fell on the icy sidewalk leading…

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