Illinois deputy's personal errand nixes benefit award for vehicular accident
A majority of the Illinois Workers' Compensation Commission held that a law enforcement officer failed to prove that his vehicular accident, which occurred while he was on duty and in a patrol car, arose out of and in the course of his employment. He was engaged in a personal deviation at the time of the accident, and the accident arose out of his own misconduct.
Case name: Johnson v. Will County Sheriff, 17 ILWCLB 131 (Ill.W.C.Comm.2009).
Johnson, a deputy sheriff, was injured in a motor vehicle accident while on duty and responding to a dispatcher's call to assist another deputy, who had arrested an intoxicated driver. Before the accident, Johnson left his assigned patrol area, without permission to pick up his personal mail from a post office. Upon receiving the the dispatch call, he informed the other deputy that he would arrive in three to five minutes. However, Johnson was actually 10 to 15 minutes from the deputy's location. The accident occurred outside the county and prior to reentering his patrol area. While on duty, deputy sheriff's are prohibited from leaving their assigned patrol area without first securing permission from a supervisor. The arbitrator awarded benefits. However, the Illinois Workers' Commission reversed, reasoning that Johnson was engaged in a personal deviation at the time of the accident. Also, the accident arose out of Johnson's own misconduct. Therefore, Johnson failed to prove he sustained an accident arising out of and in the course of his employment.
Continue reading " Illinois deputy's personal errand nixes benefit award for vehicular accident " »
