Legal Question in Workers Comp in California

Work Hours Excluded In Coverage of Injuries

I am a certified Police Officer, in the State of California and was on duty driving an unmarked police vehicle. I was involved in a traffic accident that was not my fault and deemed non-chargable.

However my employer says that since I was returning to my office after a lunch break I was still on my own time and therefore not covered under workers compensation. I believe that my employer is mistaken since I am provided with a police vehicle 24 hrs a day and subject to call out during off duty hours. My lunch break is non-restricted which means I can be broken from lunch to handle a particular service need.

I have not filed any claims and I am currently paying for all my medical bills. There is one issue that might be impacting this issue in that the airbags on my car failed which could have save me some measure of pain.

Any help would be much appreaciated.

--name removed--


Asked on 1/19/05, 3:04 pm

2 Answers from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Work Hours Excluded In Coverage of Injuries

I believe your employer is mistaken. There is something called the personal comfort doctrine that would probably apply in this instance, especially if you were on call, and in an official police vehicle. Basically, notwithstanding the fact that you were at lunch, you were on call and therefore deemed to have been working because you could have been called at any time.

I highly recommend that you consult with a reputable workers compensation attorney in this matter. Furthermore, you also have a case against the person who was at fault in the auto accident, and maybe even against the manufacturer of the vehicle for a product defect, i.e, defective air bag!!

Get yourself a good lawyer.

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Answered on 1/24/05, 10:40 pm
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

File an application

I agree with Mr. Gregory that you need to get a sharp attorney. At a minimum you need to file an Application for Adjudication of claim to preserve your rights before the WCAB.

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Answered on 1/25/05, 1:06 pm


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