AOE/COE Updates: Bakersfield City School Dist.
v. WCAB and Dover v. St. Paul Travelers
Insurance
By
Megan K. Rogers
Bakersfield City School Dist. v. WCAB
(2007) 72 CCC 1191
The Fifth District Court of Appeal determined
that an injury sustained by an employee acting in
response to emergency or other situation, whether
classified as rescue, response to emergency, or
exercise of common decency, is within course of
employment.
The facts are as follows: Applicant suffered
injury to his right shoulder while employed as
air-conditioning mechanic for the school district
when he observed man running from a police officer.
Applicant was injured while trying to stop fleeing
man. Applicant was aware that his job description
did not include apprehending suspects fleeing from
police, but had been told by his supervisors to be
aware of suspicious characters and that he could be
used in emergency situations to protect children
The Court found Applicant acted reasonably when
engaging in minor deviation from course of his
employment to assist police, in light of his
perception of danger to schools in vicinity,
combined with absence of specific employment policy
prohibiting his conduct.
Dover v. St. Paul Travelers Insurance
(2006) 35 CWCR 157
If a notice of injury is provided
contemporaneously with a notice of termination, the
claim is not barred. Typically, if a claim for
injury is filed after notice of termination, it is
barred. However the purpose of the statute was to
prevent claims made in retaliation of layoff. Thus
if the claim is made contemporaneously, then it is
not barred.
The facts are as follows: Applicant suffered an
injury but could not report it the day of because
his supervisor had left for the day. The next
morning, applicant was taken aside and terminated by
his supervisor. At this time, applicant also
informed his supervisor of his injury the previous
day and the supervisor sent applicant to the medical
clinic. An application was filed 9 days later.
A Board panel found that since the notice of
termination and notice of injury were done at the
same time, the injury was not barred.
|
