FLETCHER, Circuit Judge:
The petitioner, for herself and her minor children, petitions for review of the denial of her application for benefits under the Public Safety Officers Death Benefits Act, 42 U.S.C. §§ 3796-3796c (1976) (Benefits Act). The benefits were sought on account of her police sergeant husband's death in the line of duty. We take jurisdiction under 42 U.S.C. §§ 3758(a), 3759 (1976), and reverse.
Sergeant Edward Russell worked as a detective for the Los Angeles County Sheriff's Department. He was required to bring his own car to work and used it extensively during investigations.
On January 15, 1977, he was working as the weekend duty detective, handling custodial cases and responding to emergency investigative needs. He reported to work at 8:00 a. m., worked on investigations at the station and in the field all day, and left for home at 11:00 p. m. At about 11:45, his car was forced out of its lane by an errant auto, colliding head-on with an oncoming car. Russell was killed.
Russell's wife and children received county employee death benefits and state workers' compensation payments. Mrs. Russell then applied for payments under the Benefits Act, which provides a death benefit of $50,000 to the dependents of a police officer who dies from an injury sustained "in the line of duty." The Law Enforcement Assistance Administration (LEAA), which administers the Benefits Act, denied the application on the ground that Sergeant Russell did not die in the line of duty. Mrs. Russell petitions for review of that denial.
The threshold question is whether we have jurisdiction to review LEAA denials
The jurisdiction of the United States courts of appeals is limited to that conferred by statute. Young Properties Corp. v. United Equity Corp., 534 F.2d 847, 849-50 (9th Cir.), cert. denied, 429 U.S. 830, 97 S.Ct. 90, 50 L.Ed.2d 94 (1976). We turn to the LEAA statute, chapter 46 of title 42 of the United States Code, to determine whether Congress has directed us to review Benefits Act denials. This examination is a frustrating exercise, because Congress has delivered a set of opaque and conflicting signals. Nevertheless, we must try to ascertain and apply the legislative intent.
A. The Statute
In order to understand the judicial review provisions of the LEAA Act it is necessary to understand the structure of the Act, which comprises chapter 46 of title 42 of the United States Code, 42 U.S.C. §§ 3701-3796c (1976). Chapter 46 has nine subchapters. Subchapter I, section 3711, charters LEAA. Subchapters II-IV, sections 3721-3750d, authorize grants for various state and local law enforcement programs. Subchapter V, sections 3751-3774, establishes the procedural regime; its key provisions are section 3751, authorizing promulgation of rules and regulations, section 3758, authorizing administrative review, and section 3759, authorizing judicial review. Subchapters VI-VII, sections 3781-3795, contain minor technical provisions. Subchapter IX, sections 3796-3796c, is the Benefits Act.
Russell contends that jurisdiction is straightforwardly conferred by the judicial review provision, section 3759, which provides in pertinent part:
In order to decide whether judicial review is available under this section, we must apply the "throwback" clause and determine whether denial of an application for Benefits Act payments constitutes "final action under section 3757 or section 3758."
Section 3758 has three subsections. Subsection (a) precludes review except as "hereafter provided." Subsections (b) and (c) establish the procedure for administrative review of denials of financial and technical assistance grants.
The government insists that section 3758 applies only to actions covered by subsections (b) and (c): applications by state and local law enforcement agencies for financial and technical assistance grants. It then characterizes an application for Benefits Act payments not as an "application for a grant" but rather as a "claim for a benefit," which, it contends, is outside the scope of subsections (b) and (c). We disagree.
We conclude that subsection 3758(a), read in conjunction with section 3759, authorizes review independent of subsections 3758(b) and (c). Subsection (a) provides:
Our conclusion is supported by the recent revision of the LEAA statute contained in the Justice System Improvement Act of 1979, Pub.L.No.96-157, 93 Stat. 1167 (1979) (Revised Act).
B. Legislative History
LEAA contends that, to the extent that the statute is ambiguous regarding judicial review of denials of applications for Benefits Act payments, the legislative history reveals that judicial review was not intended. We find the legislative history at best inconclusive. As noted above, the statutory provisions relating to LEAA are all contained in chapter 46 of title 42 of the United States Code, 42 U.S.C. §§ 3701-3796c (1976). Most of chapter 46 was enacted as title I of the Omnibus Crime Control and Safe Streets Act of 1968, Pub.L.No.90-351, 82 Stat. 197 (1968) (Omnibus Act). The Omnibus Act created LEAA and authorized it to provide financial and technical assistance grants to state and local law enforcement agencies. It was rewritten, without substantive change in any of the provisions relevant here, by the Crime Control Act of 1973, Pub.L.No.93-83, 87 Stat. 197 (1973). In 1976, the Benefits Act was added to chapter 46, as subchapter IX. There is little discussion of judicial review in the legislative history of either the Omnibus Act or the Crime Control Act, and judicial review is not mentioned in either the text or the legislative history of the Benefits Act.
LEAA insists that because the Omnibus Act and the Benefits Act are substantively different and use different language, Congress would have made explicit an intention to extend the judicial review provisions of the Omnibus Act to Benefits Act cases. It is, however, just as logical to argue that because the Benefits Act was added to chapter 46 and the existing programs in that chapter were all subject to judicial review, Congress would have made explicit an intention to withhold review of Benefits Act cases. Such barren legislative history, susceptible as it is to easy syllogistic manipulation, does not aid our inquiry.
Since section 3758(a) precludes judicial review of all LEAA final actions except in the manner and to the extent provided by 42 U.S.C. § 3759, were we to find that a denial of an application for Benefits Act payments was nonreviewable under section 3759, it could not be reviewed at all. Courts have always disfavored such a result, and the Supreme Court has stated that "`judicial review of a final agency action by an aggrieved person will not be cut off unless there is persuasive reason to believe that such was the purpose of Congress.'" Morris v. Gressette, 432 U.S. 491, 501, 97 S.Ct. 2411, 2418-2419, 53 L.Ed.2d 506 (1977) (quoting Abbott Laboratories v. Gardner, 387 U.S. 136, 140, 87 S.Ct. 1507, 1511, 18 L.Ed.2d 681 (1967)). See also Barlow v. Collins, 397 U.S. 159, 166-67, 90 S.Ct. 832, 837-838, 25 L.Ed.2d 192 (1970); Legal Aid Soc'y of Alameda County v. Brennan, 608 F.2d 1319, 1330-31 (9th Cir. 1979), cert. denied, ___ U.S. ___, 100 S.Ct. 3010, 65 L.Ed.2d 1112 (1980); Hahn v. Gottlieb, 430 F.2d 1243, 1249-51 (1st Cir. 1970). In the face of the ambiguity of the LEAA statute and its legislative history, we find no clear expression of an intention to withhold review.
Nor do we find present in this case any of the factors on which courts have relied to infer an intention to withhold review. Two considerations are relevant here: (1) the appropriateness and necessity of judicial review and (2) the impact judicial review will have on the agency's ability to carry out its mission. See Hahn v. Gottlieb, 430 F.2d 1243, 1249 (1st Cir. 1970). Regarding the first, Benefits Act cases are well suited to review because there is a clear legal standard to apply: whether a death occurred "in the line of duty." Analysis of the legal issues which arise as LEAA applies this standard is within the special competence of courts, and review is necessary to insure that LEAA correctly interprets and applies
For the foregoing reasons we conclude Congress has mandated appellate court review of LEAA denials of applications for Benefits Act payments. We are not unmindful that the United States Court of Appeals for the Fourth Circuit has reached the opposite conclusion. Lankford v. Law Enforcement Assistance Administration, 620 F.2d 35 (4th Cir. 1980). We have carefully considered the reasoning underlying that decision, but we are persuaded otherwise.
SCOPE OF COVERAGE
42 U.S.C. § 3796(a) (1976) provides a $50,000 payment to the survivors of any police officer
In order to ascertain the standard established by the Benefits Act it is necessary to understand the purposes Congress sought to promote by it. Congress was concerned that states and municipalities did not provide adequate death benefits to police officers and their families and that the low level of benefits impeded recruitment efforts and impaired morale.
The most direct and effective method of compensating for inadequate state and local death benefits would have been adoption of a comprehensive federal police officers' death benefits program compensating the families of every deceased police officer. Congress did not go that far. Constrained by budgetary considerations and by fears that federal assumption of full responsibility for compensating the families of deceased officers would weaken the federal system and allow states and municipalities to evade their responsibility,
There are four groups of police officers that Congress could cover by passing a death benefits statute. Listed from narrowest to broadest, they are:
The fourth group was clearly not covered by the Benefits Act,
It is clear that Congress was concerned primarily with the first group: officers who fall victim to the special risks attending police duty. Murders of police officers dramatize the vital service police officers render and the great dangers they face. The congressional debates and legislative history are replete with stories of young officers who were killed by violence while protecting the public
However, when the Benefits Act was debated in the Senate several senators objected that its coverage was to uncertain and narrow.
Id. at 22644-45. The amendment passed overwhelmingly. Id. at 22645. The conference committee accepted the Senate version, and the House expressly endorsed the change when approving the Conference Report. Id. at 30518. The House Conference Report explained:
H.R.Conf.Rep.No.94-1501, 94th Cong., 2d Sess. 5-6, reprinted in  U.S. Code Cong. & Ad. News pp. 2504, 2510-11.
It is beyond doubt that by deleting the references to criminal or inherently dangerous activity Congress meant to extend Benefits Act coverage to all victims of fatal injuries sustained in the line of duty.
We know Congress intended to cover all job-related accidental deaths
LEAA argues that Congress delegated to it the responsibility of defining "line of duty" and hence job-relatedness. We reject this argument. The legislative history indicates that Congress used "line of duty" as a term of art, with substantive meaning. By its use, Congress fashioned a delicate political compromise striking a balance between the purposes of enhancing recruitment and morale and the need to limit federal expenditures. It would frustrate the intent of Congress and threaten to upset its compromise for LEAA to take unto itself the defining of the term. The terms of the Benefits Act do not expressly delegate to LEAA the authority to define job-relatedness. Each of the provisions authorizing LEAA to promulgate regulations are general provisions enabling the agency to erect the procedural framework it needs to carry out its mission. There is no indication that the regulations may reach substantive matters.
We also reject LEAA's assertion that we should defer to its interpretation of the job-relatedness standard upon the theory that courts must defer to the interpretation of a statute rendered by the agency charged with administering it. See Udall v. Tallman, 380 U.S. 1, 16, 85 S.Ct. 792, 801, 13 L.Ed.2d 616 (1965). Such deference is not appropriate when the particular interpretation is outside the agency's expertise. Amchem Products, Inc. v. GAF Corp., 594 F.2d 470, 476 (5th Cir. 1979), modified 602 F.2d 724 (5th Cir. 1979). Determining whether a death is job-related is surely not a matter about which LEAA has acquired an extensive store of experience.
Russell makes her argument in the alternative. She contends first that Congress has directed LEAA to defer to state workers' compensation law, i.e., that Benefits Act payments should be made if the death would be covered under the workers' compensation law of the state where the death occurred. We reject this contention. The Act enunciates a single standard and provides uniform payments by a single administrative entity. There is no indication in the text of the statute or its legislative
We agree with Mrs. Russell's alternate argument that the workers' compensation standard is the more apt guide for measuring job-relatedness under the Benefits Act. There are two reasons for this conclusion. First, it appears that Congress was actually alluding to workers' compensation law when it adopted the "line of duty" standard and stated that it was a term of art. There are three common usages of the phrase "line of duty" in the case law: to describe a police officer's murder; to describe the agency doctrine of respondeat superior; and to describe the workers' compensation job-relatedness test. Given the legislative history, the latter is the intended usage.
Second, the purposes of workers' compensation laws and the Benefits Act have common elements. We discern no reasoned basis for distinguishing between whether an injury is job-related and therefore compensable under workers' compensation law and whether a death is job-related and therefore compensable under the Benefits Act.
We conclude that by using the "line of duty" language Congress meant to adopt a job-relatedness test akin to that developed under workers' compensation law. Although workers' compensation is a statutory rather than common law doctrine and jurisdictions with different statutes have occasionally developed different rules, there is considerable doctrinal uniformity. Therefore, LEAA and the courts should look to general workers' compensation law as a guide to the development of a federal law and interpret the Benefits Act job-relatedness test consistently with workers' compensation doctrines, unless there is a significant policy reason to diverge.
Adopting this approach, we conclude that Sergeant Russell's accident is compensable. Under general workers' compensation law, the basic rule, oft described as the "going and coming rule," denies compensation for injuries sustained en route to and from work.
Hicks v. General Motors Corp., Chevrolet Assembly Plant, 66 Mich.App. 38, 238 N.W.2d 194, 196 (1975). The requisite nexus has been found where the employer provides transportation to the employee, F.W.A. Drilling Co. v. Ulery, 512 P.2d 192, 194 (Okl.1973), and where the nature of the employment subjects the employee to special
Russell relies on a line of cases finding compensable injury where the employer had restricted the employee's choice of means of transportation, because the Los Angeles County Sheriff controlled Sergeant Russell's choice of means of transportation by requiring him to use his own car on the job. She is correct. Many jurisdictions have established an exception to the "going and coming rule" when the employee is required to use his own car at work. See, e.g., Rhodes v. Workers' Compensation Appeals Bd., 84 Cal.App.3d 471, 148 Cal.Rptr. 713 (1978); Davis v. Bjorenson, 229 Iowa 7, 293 N.W. 829 (1940); Pittsburg Testing Laboratories v. Kiel, 130 Ind.App. 598, 167 N.E.2d 604 (1960); Begley v. International Terminal Operating Co., 114 N.J.Super. 537, 277 A.2d 422 (1971); Lutgen v. A. Conte Electrical, Inc., 50 App.Div.2d 624, 374 N.Y.S.2d 434 (1975); Bebout v. State Accident Ins. Fund, 22 Or.App. 1, 537 P.2d 563 (1975), aff'd, 273 Or. 487, 541 P.2d 1293 (1975); Bailey v. State Indus. Comm'n, 16 Utah.2d 208, 398 P.2d 545 (1965). See generally I A. Larson, Workmen's Compensation Law § 17.50 (1972). We find no jurisdiction which rejects the exception.
Sergeant Russell was expressly required to have a driver's license and a car of his own to perform his job. He was required to bring the car to work and usually spent much of his work day on the road. He used his car for job-related activities on the day of the accident. When driving home he was rendering a service to his employer by transporting a piece of law enforcement equipment. In addition, his employment conditions increased the hazards of his commute, because as weekend duty detective he had to put in long hours and drive home at a particularly dangerous time-late on a Saturday night. We conclude that Russell was engaging in a job-related activity at the time of his death and therefore that his death occurred in the line of duty.
In summary, LEAA applied an erroneous legal standard. We reverse and remand with instruction that LEAA pay a $50,000 death benefit to Mrs. Russell for herself and in her representative capacity for her children in accordance with the payment provisions of the Benefits Act.
Second, the Lankford court relied on the separate regulatory authorizations contained in the Omnibus Act and the Benefits Act. Compare 42 U.S.C. §§ 3751, 3796 (1976). We suspect that this overlap was due to overcautious drafting and note that LEAA itself considers both regulatory provisions applicable to the Benefits Act. It cites both as authority for its Benefits Act regulations. See 28 C.F.R. Part 32 (1980).
Finally, we note that the Lankford court did not consider the arguments we find most telling-the meaning of section 3758(a) and the presumption against precluding judicial review.
S. Rep. No. 94-816, 94th Cong., 2d Sess. 1, 3-4 (1976), reprinted in  U.S. Code Cong. & Ad. News, pp. 2504-05.
H.R. 366, 94th Cong., 2d Sess. (1976).
H.R. Rep. No. 94-1032, 94th Cong., 2d Sess. 5 (1976). During the House debate Congress-woman Holtzman, an opponent of the bill, said: "What happens if a policeman on his way home ... is involved in an automobile accident and is killed? There is not a single penny in this bill that would assist his family." 122 Cong. Rec. 12017-18 (1976). In response one of the bill's advocates, Congressman Sieberling, admitted that such an accident would not be covered. Id. at 12018.
122 Cong. Rec. 22644 (1976). Senator Allen supported the amendment and explained its purpose as follows:
Id. at 22645.
122 Cong.Rec. 22634 (1976). The Conference
H.R.Conf.Rep.No.94-1501, 94th Cong., 2d Sess. 6, reprinted in  U.S. Code Cong. & Ad. News pp. 2504, 2511. In addition, during the floor debate on the Moss Amendment several senators cited examples of deaths which would not be covered under the stricter House version but would be covered by the Moss Amendment. These examples included purely accidental job-related deaths.
This definition seems entirely consistent with the workers' compensation job-relatedness standard we apply infra. In this case, however, LEAA ignored an established doctrine encompassed by the job-relatedness standard. It is irrelevant whether this error results from some subtlety lurking in the language of LEAA's regulation, or from a misinterpretation of the regulation. Either way, the agency has applied an erroneous legal standard.
148 Cal.Rptr. at 715 (citations omitted). Professor Larson supports this view, noting that workers' compensation coverage is extended in such situations not only because the employee's choice to means of transportation is constrained but also because the employee is serving the employer by conveying a major piece of business equipment to the business premises. I A. Larson, Workmen's Compensation Law § 17.50 (1972).