City says it shouldn't pay for officer's fatal wreck

You seem to forget LMPD POLICY that REQUIRES an OFFICER to take certain actions while off duty in an LMPD car. If you are held to that policy then YES you are working while in that car. Say for instance the officer had driven by without stopping to assist while OFF DUTY. That officer is in clear violation of LMPD policy as he was REQUIRED to perform a duty by stopping for a stranded motorist or calling it in. So LMPD policy mandates certain actions you MUST take while off duty that if not done can result in discipline, clearly you are technically ON DUTY. LMPD will LOSE this one AGAIN.