dissenting.
I respectfully dissent from the majority's decision to affirm the grant of summary judgment in this matter. I do so because I believe that the majority has too narrowly construed the "performance of duties" language of Indiana Code Section 36-8-4-5, which provides for the care of police officers injured or contracting illness as a result of the performance of duties.
"Duty" has been defined to include "Ialny action, performance, task, or observance owed by a person in an official or fiduciary capacity." Black's Law Dictionary 522 (7th Edition, St. Paul, 1999). Officer Michaeline Jones was injured while (1) she was required to monitor her police radio; (2) she was under a duty to respond to emergency calls, crimes in progress, or vehicular accidents; 8) it was incumbent upon her to maintain both an appropriate appearance and readiness to perform official police duties; and (4) she was in her police vehicle, ie., her employer's premises. In my view, a police officer in such circumstances is "performing duties" even though a crime is not in progress and the officer is not being paid wages.
As the majority observes, Officer Jones was not entitled to worker's compensation benefits. However, Indiana Code Section 36-8-4-5(a) was enacted as a broader parallel to the Indiana worker's compensation scheme. See Ind.Code § 36-8-4-5. Given that the Indiana Worker's Compensation Act is broadly construed to effect its humanitarian purposes, no less should be done for our police officers under the care of the police officers statute. See United States Steel Corp. v. Brown, 142 Ind.App. 18, 21-22, 231 N.E.2d 839, 842 (1967) (observing that the words "arising out of and in the course of the employment" as used in the Workmen's Compensation Act should be given a broad and liberal construction in order that the humane purpose of their enactment may be realized).
The majority is understandably cognizant of the need for public entities to engage in cost-saving measures, and I too must acknowledge that "Indiana cities are currently facing shrinking municipal revenues." Op. at 500. However, I do not believe that this is a time to be "penny wise and pound foolish." Moreover, the Home Fleet Program was put into place to not only increase police visibility but to provide ready response if needed by off-duty officers. Ultimately, the goal of the program was to advance public safety at a reduced cost. By attempting to eliminate its duty to Officer Jones, the City is simply trying to further reduce the cost of implementing its stated public policy. Nevertheless, the City is undermining this public policy by reducing the incentive for participation. The decision to do so is certainly *502within its prospective prerogative. Retrospectively, Officer Jones was simply performing her duties as a police officer under the terms of the Home Fleet Program and is entitled to the benefits under Indiana Code Section 86-8-4-5(3a).