County of El Paso, Self-Insured v. Mary Orozco
545 S.W.3d 638
| Tex. App. | 2016Background
- Ruben Orozco, an El Paso County sheriff's sergeant and crisis-negotiation team leader, worked an extra-duty paid security assignment for UTEP on Sept. 17, 2005.
- As team leader he was permitted to wear his uniform and drive a marked patrol vehicle to and from the assignment.
- After completing the assignment around 1:30 a.m., Ruben told dispatch he was en route home and was driving eastbound on I‑10 when a wheel from an oncoming vehicle struck his windshield, killing him.
- Ruben’s widow, Mary Orozco, claimed death benefits under the Texas Workers’ Compensation Act; the County denied coverage and administrative adjudicators split (hearing officer found compensable; Appeals Panel reversed).
- The trial court granted Mary’s summary judgment; the County appealed to the court of appeals on whether Ruben’s death arose in the course and scope of employment.
- The court analyzed origination and furtherance elements of "course and scope," but concluded Ruben was not acting in a law-enforcement capacity at the moment of the accident and reversed and rendered for the County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ruben’s death occurred in the course and scope of employment | Ruben was in uniform in a marked patrol car after an extra-duty assignment; visible presence enforces traffic laws, so his travel was in furtherance of employment | Ruben had finished his extra-duty assignment, was off-duty and commuting home; he was not responding to calls or engaged in law enforcement at the time of the accident | Held for County: not in course and scope; officer was commuting and not performing law-enforcement duties |
Key Cases Cited
- Valence Operating Co. v. Dorsett, 164 S.W.3d 656 (Tex. 2005) (summary judgment de novo review)
- Provident Life & Accident Ins. Co. v. Knott, 128 S.W.3d 211 (Tex. 2003) (summary judgment standards)
- SeaBright Ins. Co. v. Lopez, 465 S.W.3d 637 (Tex. 2015) (tests for origination and furtherance in course-and-scope analysis)
- Leordeanu v. American Protection Ins. Co., 330 S.W.3d 239 (Tex. 2010) (commuting furtherance element)
- Commissioners Court of Titus County v. Agan, 940 S.W.2d 77 (Tex. 1997) (review when both parties move for summary judgment)
- Blackwell v. Harris County, 909 S.W.2d 135 (Tex. App.—Houston [14th Dist.] 1995, writ denied) (inquiring in what capacity officer acted when injured)