Winslow, Ernest

Applicant Ernest Winslow, a 22-year maintenance worker for the City of Alameda working modified duty in the fleet department, witnessed a thief steal a city pickup truck he had just parked. He spontaneously gave chase in another city vehicle and, after a roughly 10-15 minute low-speed pursuit, pulled his truck in front of the stolen vehicle at an intersection to block it; the thief then intentionally rammed Winslow's truck T-bone fashion, causing neck and back injuries. Defendant denied the claim and sought reconsideration of the WCJ's AOE/COE finding, arguing that the moment Winslow blocked the stolen vehicle he engaged in an 'unauthorized departure' from employment. The Appeals Board denied reconsideration, holding that applicant was performing his job duties (driving and safeguarding city vehicles) in an unauthorized manner rather than departing from employment, and that the resulting injury was compensable.