The self-insured County of El Paso, Texas, appealed a summary judgment motion by the lower court that the evidence in this case conclusively established that a deputy sheriff was acting in the "course and scope of employment" when his marked police vehicle was involved in a collision and he was killed on the way home from an "extra-duty" assignment. This case is Cty. Of El Paso v. Orozco, No. 08-15-00079-CV, 2016 WL 7384195 (Tex. App. Dec. 21, 2016).

Ruben Orozco was a sergeant with the El Paso County Sheriff's office, who self-insure for workers compensation incidents. Orozco was a member of the patrol division and acted as leader of the crisis negotiation team. As a member of the patrol division he patrolled the county, enforced laws, and answered calls for help. As the leader of the crisis negotiation team Orozco was specifically trained to deal with hostage negotiation and was on call twenty-four hours a day. As defined by the El Paso County Sheriffs Manual, an "extra-duty" assignment is secondary employment where actual or potential use of law enforcement powers is anticipated. Because Orozco was the team leader of the crisis negotiation team, he was allowed to drive a marked patrol vehicle to and from work and wear his official uniform.

At 1:30am on September 17, 2005, Orozco was heading home after working an extra-duty security assignment for the University of Texas at El Paso. He contacted dispatch to tell them that he was en route to his 1042, which is code for heading home. Soon after, a vehicle travelling in the other direction lost a wheel, which bounced over the center divider and struck Orozco's windshield, killing him.