City of San Diego v. Workers Compensation Appeals Board
(June 20, 2001)
* Court: California Appellate
* Jurisdiction: City of San Diego
* WCAB Decision: in favor of police officer
* Appellate Court Decision: against police officer
* Issues: going and coming rule, special mission
*
San Diego Police Officer Stephen Molnar was subpoenaed to attend court
on one of his cases on his day off.
*
While driving his personal car to court, he was injured in an
accident.
*
Molnar submitted a workers compensation claim with the City; it denied
it on the basis of the “going and coming” rule.
*
The WCAB ruled in Molnar’s favor on the basis that he was on a
“special mission”.
*
The appellate court sided with the City.
San Diego Analysis
*
The general workers compensation rule is the “going and coming”
rule, namely, that injuries sustained while commuting are not within the
scope of employment.
*
If, however, your employer tells you to travel somewhere to perform your
job, then that is a special mission that is within the scope of
employment.
*
One requirement of the “special mission” rule is that it not involve
the employee’s routine duties.
*
The appellate court found that “it is an integral part of a San Diego
patrol officer’s duties to testify, if subpoenaed to do so, in a
proceeding arising out of his or her patrol duties” and that officers
testified twice a month. This
was not “special”, according to the court.
