Southern California Rapid Transit District, Inc. v. Workers' Compensation Appeals Board

Petitioner Southern California Rapid Transit District, Inc. (RTD) seeks review of an order of the Workers’ Compensation Appeals Board (WCAB) denying reconsideration of an award of temporary disability benefits to respondent Elliot Weitzman (Weitzman). The injury of concern here resulted from an automobile accident which occurred when Weitzman was returning home from the RTD district office where he delivered a medical release authorizing him to return to work after a previous industrial injury.

We conclude that the injury arose out of and in the course of employment-and thus the additional disability suffered as a result of the automobile accident is compensable.

While employed as a bus driver by RTD, Weitzman suffered an industrial injury on February 29, 1976. On September 26, 1976, RTD *161 rejected a medical release for return to work presented by Weitzman because it contained restrictions unacceptable to RTD. The personnel clerk for RTD advised Weitzman that a full release was necessary and that when he obtained such a release he should bring it directly to the local district office. On September 28, 1976, Weitzman secured from the doctor a medical release which…