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Case Name | Cal. Dept. of Corrections v WCAB (Decourcey, Jr.) | |
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Date | 08/28/2012 | |
Note | A corrections officer was not entitled to benefits for injuries he sustained in a car accident while driving to a remote area of the San Bernardino Mountains in order to cover a co-worker's shift on guard duty. | |
Citation | E054153 | |
WCC Citation | WCC 39272012 CA |
DEPT. OF CORRECTIONS v. WCAB CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and ROBERT DECOURCEY, JR. , Respondents. The employee's conduct is "special" if it is "extraordinary in relation to routine duties, not outside the scope of employment. "(1964) 61 Cal. 2d 289, 295; Los Angeles Jewish Community Council v. Industrial Acc. (1982) 138 Cal. App. 3d 584, 590 (C. L. Pharris); City of San Diego v. Workers' Comp. The `special mission' exception has been explained by the courts first in Dimming v. WCAB (1972) 37 CCC 211 and then in C L Pharris Sand & Gravel, Inc. v. WCAB (Lindsey) (1982) 47 CCC 1420.
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