City of Los Angeles v. Workers' Compensation Appeals Board

I

Petitioner City of Los Angeles (City) asks a review of a decision of the Workers’ Compensation Appeals Board .finding respondent Ray Noetzel’s injury to his back on September 27, 1976, was a compensable industrial injury.

Noetzel is employed by the City as a police officer. The injury which is the subject of this review occurred when Noetzel was at home and off duty, exercising with weightlifting equipment in preparation for a physical fitness test to be given by City’s police department.

The physical fitness test, to be conducted in October 1976, was for strength, endurance and agility. The test was mandatory for a “rating” report, which is an employee evaluation. Failure to pass it would adversely affect the officer’s rating report, which in turn would affect his advancement. Noetzel was the sergeant in charge of the physical fitness program for officers beneath him.

The weight-lifting equipment was owned by Noetzel. He first began exercising at home with weights in August 1976 with the purpose of preparing for the fitness test. The station where Noetzel was assigned had a room with some weight-lifting equipment but the lockers were in the same room and it was…