OFFICER DISCOVERS TRAGIC ACCIDENT INVOLVING GIRLFRIEND ON DUTY AOE/COE: NUANCES OF "IN THE COURSE OF EMPLOYMENT"

GMK ALERT – Today’s News You Can Use 

ISSUE DATE:  Wednesday, October 4, 2023

IN THIS ALERT:  OFFICER DISCOVERS TRAGIC ACCIDENT INVOLVING GIRLFRIEND ON DUTY AOE/COE: NUANCES OF "IN THE COURSE OF EMPLOYMENT"

An officer on airport duty receives news of a motorcycle accident over the primary radio traffic. Concerned that his girlfriend may have been involved, he leaves his post in his patrol vehicle to investigate. Tragically, he arrives at the scene to find his girlfriend as the victim. This leads to a claim for industrial psyche injury.

Industrial psyche injury? After all, experience tells us that a sworn officer, on duty, in uniform, driving their assigned patrol vehicle, and responding to a call about an accident would be performing their normal duties. Arguably, having found out on duty that the victim of the motor vehicle accident was his girlfriend was merely incidental to his duties as a police officer. All treating physicians connect the officer’s psychological injury to the motor vehicle accident. So far, so good, industrial psyche injury for sure.

But, what if additional facts showed that the officer was assigned to the airport detail as part of a two-man unit whose presence dictated whether planes land or not? What if the officer was not dispatched to the scene of the motor vehicle accident? What if the officer’s watch commander gave no authorization to leave his post to drive to the accident scene?

If you are now pumping the brakes on AOE/COE and your comp instincts are telling you something is wrong here, you would be right. But why?

Your instincts are telling you that the injury must also have also occurred in the Course of Employment.

At times, “in the Course of Employment” refers to physical space and time. But the concept also encompasses expressed or implied duties and the contract of employment. The fact that the officer was in his uniform, on duty, and showed up to an accident scene is within the normal course of employment if we are arguing time and space. But in this scenario, the officer deviated from his express duties and the contract of employment, for purely personal reasons and consequently, was not acting within the course of employment.

What this means to you?
The concept of AOE/COE may seem straightforward, but it is filled with exceptions. The outcome of cases depends on understanding not only the defenses but also the intricate arguments. We strongly recommend collaborating with our experienced counsels to develop your next AOE/COE case.

And what about the need for a medical-legal report? Well, since the sole issue at trial was the determination of a legal issue regarding compensability, there was no need to secure a Panel QME evaluation.

Michelle White, Esq. - Orange County Office

We want to congratulate Senior Counsel Michelle White, Esq. of our Orange County office for her advocacy and for securing a take nothing decision at the San Bernardino WCAB under these facts.

Goldman, Magdalin & Krikes, LLP