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.
In so holding, the Illinois Workers' Compensation Commission relied on the Illinois Supreme Court's decision in Checker Taxi Cab Co. v. Industrial Commission. In Checker, the court adopted the view that "when an employee embarks upon a personal side trip, he does not return to the course of his employment until the trip is completed." Because the Checker claimant was authorized to operate specifically within the city of Chicago, the court held that the claimant only returned to the course of his employment when he reentered the Chicago city limits.
As in Checker, Johnson embarked on a personal deviation when he left his assigned patrol area and the county to conduct a personal errand. He was injured prior to returning to his assigned patrol area. Therefore, Johnson sustained injuries while still engaged in a personal deviation, and his accident was not compensable.
Furthermore, the Illinois Workers' Compensation Commission found that the acicdent arose out of Johnson's own misconduct, as he violated a work rule by leaving his assigned patrol area without securing permission from his supervisor. Also, when Johnson received his assignment to assist the deputy, he failed to inform the dispatcher of his actual location. When the other deputy requested Johnson's estimated time of arrival, Johnson told him that he would arrive on the scene within three to five minutes. The Illinois Workers' Compensation Commission further found that Johnson exceeded the speed limit at the time of his accident in an atempt to cover his rule violation.
