Williams v. Workmen's Comp. Appeals Bd

In Williams v. Workmen's Comp. Appeals Bd. (1974) 41 Cal.App.3d 937,the employee was a delivery man, who while on company business, ran a red light; he was pursued by a police officer and a high speed chase ensued. The accident occurred when the employee, during the chase, rear ended another vehicle. The referee (now called workers' compensation judge) found the injury compensable but held that as the employee was guilty of serious and willful misconduct his benefits were reduced by one-half. The Board reversed the referee, holding the injury noncompensable, reasoning that the employee abandoned his employment during the high speed chase. Annulling the Board's decision, the court first noted the distinction between an unauthorized departure from the course of employment and the performance of duties in an unauthorized manner. The court rejected the Board's argument that the injury was noncompensable as at the time of injury the employee was concerned only with eluding his pursuer; the court observed that " an employee's personal purpose at the time of injury is irrelevant so long as he is engaged generally in performing a task for his employer. ( Wiseman v. Industrial Acc. Com., 46 Cal.2d 570, 573.) And it has been held that where the employee is combining his own business with that of his employer no nice inquiry will be made as to which business he actually engaged in at the time of injury, '"unless it clearly appears that neither directly nor indirectly could he have been serving his employer."' (Williams, supra, 41 Cal.App.3d at p. 942.)