Robert Ortiz — ADJ12703884

Robert Ortiz, a sworn DMV peace officer with arrest powers, was struck by a car in a Sprouts parking lot while purchasing lunch on April 22, 2019, injuring his neck, upper back, and lower back. The WCJ found the injury did not arise out of or in the course of employment (AOE/COE) and was barred by the going and coming rule. On reconsideration, the WCAB rescinded the F&O and substituted findings that Ortiz sustained injury AOE/COE. The Board reasoned that Ortiz, as a 24/7 sworn officer required to carry a weapon and respond to emergencies even during lunch, was serving his employer's interests under the dual purpose rule, and that leaving the office for lunch was not a material deviation. The matter was returned to the trial level with all other issues deferred.