The Vancouver Sun published a story today ("Off-duty transit officer wins precedential injury compensation") about a recent BC Workers' Compensation Appeal Tribunal decision in which a transit police officer was awarded workers compensation benefits for injuries he sustained, on a day-off, confronting an intoxicated driver.

The Sun's story was spurred by a news release issued yesterday by the transit police officers' union, the Canadian Office and Professional Employees' Union, Local 378 (COPE 378).

The WCAT decision (WCAT-2010-01816) was issued on June 30, 2010. As noted in the decision, the issue before the panel was "whether or not the worker's multiple soft tissue injuries arose out of and in the course of his employment entitling the worker to compensation under section 5(1) of the Act.".

The Workers' Compensation Board (also known as WorkSafeBC) had denied the worker's claim in March 2009. The Review Division had confirmed the denial of the worker's claim in November 2009 (#R0106390).

The WACT panel found that the worker's injuries indeed "arose out of and in the course of his employment" and therefore allowed the appeal. In reaching this conclusion, the panel took into consideration, among other points, the following:

• Police officers can put themselves “on duty” while not technically on a scheduled shift. Notably, the officer had taken an oath to "cause the peace to be kept and prevent all offences against the persons and properties of Her Majesty's subjects";and
• The worker's actions were those the employer would have expected in the worker's role as a  transit police officer and the worker received remuneration from the employer as if he were actually on a shift at the time of the incident. The employer also reimbursed the worker for the expenses he incurred to replace his torn jacket and jeans.