City of San Diego v. Workers' Compensation Appeals Board

Opinion

McINTYRE, J.

Under principles of workers’ compensation law, an employee commuting to or from work is generally not considered to be acting within the scope of his or her employment at that time. (Dimmig v. Workmen’s Comp. Appeals Bd. (1972) 6 Cal.3d 860, 865-866 [101 Cal.Rptr. 105, 495 P.2d 433].) This principle, which is known as the “going and coming” rule, is subject to an exception where the commuting employee is on a special mission or errand for the employer. (Id. at p. 868.) We hold that a police officer whose duties include testifying in court is not on a special mission while…