California Court of Appeal

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Tomlin v. Workers' Comp. Appeals Bd., B199429

In a workers compensation claim brought by a SWAT police officer who was injured during vacation while allegedly training for an upcoming departmental physical fitness test, denial of workers' compensation benefits is reversed and remanded where, under the facts of this case, the officer's physical training injury, albeit occurring while on vacation, was compensable pursuant to section 3600 of the Labor Code.

Appellate Information

  • Decided 05/16/2008
  • Published 05/16/2008

Judges

  • MOSK, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Adams, Ferrone, Ferrone, Paul F. Ferrone, Westlake Village, and E. Earl Dove, for Petitioner.

  • For Appellees:
  • John B. Tharp, for Respondent City of Beverly Hills., No appearance for Respondent Workers' Compensation Appeals Board., Raymond G. Fortner, Jr., County Counsel, Leah D. Davis, Acting Assistant County Counsel, Derrick M. Au, Principal Deputy County Counsel, Jason E. Waller, Senior Associate County Counsel for County of Los Angeles as Amicus Curiae in support of Respondents.
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