Is an employee who suffered serious injuries while performing a chore at home that also benefited his employer entitled to workers' compensation benefits?

That was precisely the issue before the California Court of Appeal in the rather interesting unpublished work comp case of Warner v. Workers' Compensation Appeals Board.

According to the facts of the case, Warner, a Catalina Island firefighter, was required to work a regular shift during the weekdays, and to be on call during after work hours and 26 weekends a year. In fact, he responded more to emergency calls from his own home than the fire station, and area residents would often travel to his home for the necessary assistance.

On Sunday, February 14, 2010, Warner completed some inventory work and went to his driveway to inspect his fire truck. At this time, his wife asked him to help trim some of the wisteria located in front of their home -- lining the walkway used by visitors to the home and the driveway where his truck was parked. He later fell off a ladder while performing this task, injuring his elbow, wrist, shoulder, neck and back.

Warner subsequently filed a work comp claim, claiming that he was entitled to benefits because he was injured while performing work in the course of his employment.

The presiding work comp judge ultimately denied benefits, holding that he was not in fact performing work-related services when he fell off the ladder.

Warner appealed this decision to the Workers' Compensation Appeals Board, where it was upheld. However, a further appeal to the California Court of Appeal resulted in the award of workers' compensation benefits.

The issue before the court was whether an injury sustained in the performance of a personal chore that also benefits an employer is compensable under California law.

Here, the Court of Appeal held that his work injury was compensable under the dual purpose doctrine. Specifically, it found that Catalina Island firefighters were required to maintain the landscaping of the fire station as part of their job, and that similarly Warner had to trim the wisteria around his driveway so that he could safely access his fire truck and along the sidewalk so that area residents could safely access his home in case of an emergency.

Accordingly, the court found that Warner was acting in the course of employment while he was injured, even though the trimming of the wisteria could also be considered a personal chore.

If you have questions or would like to learn more about workers' compensation benefits, contact an experienced legal professional.

This post was for informational purposes only and is not to be construed as legal advice.

Stay tuned for further news or updates on workers' compensation law from our San Diego firm ...

Source:

Warner v. Workers' Compensation Appeals Board, No. B232190 (Cal. Ct. App. 12/27/11)