Tomlin v. Workers' Compensation Appeals Board

KRIEGLER, J., Dissenting.

The management of the City of Beverly Hills (the City) will undoubtedly be stunned to discover that it is responsible under the workers’ compensation law for an injury suffered by an off-duty police officer engaging in his routine recreational activity of running during a personal vacation in the dead of winter in the State of Wyoming, 1,000 miles from the officer’s place of employment. The City did nothing to lead Officer Dave Tomlin to objectively believe that running while on vacation in Wyoming in December 2005 was an expectancy of his employment. Because Officer…