Luna

Luna v. Workers' Compensation Appeals Board

Good Law
1988 Cal. App. LEXIS 304·199 Cal. App. 3d 77·244 Cal. Rptr. 596·53 Cal. Comp. Cases 102
Court of Appeal of CaliforniaFebruary 29, 1988No. G005775California2,151 words

Opinion

Lead 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…

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