Todd

The issue is whether the petitioner is entitled to workers’ compensation for an injury sustained while playing basketball during his lunch break on the employer’s premises. (Lab. Code, § 3600, subd. (a)(9).) The workers’ compensation judge concluded that he is not entitled to compensation. The Workers’ Compensation Appeals Board agreed with the judge and denied reconsideration. We granted the applicant’s petition for a writ of review.

In April 1986, the petitioner was employed as an electronic technician for Retech, Inc. He injured his left knee while playing basketball with fellow employees on the employer’s premises during his lunch break. Participation in the basketball game was voluntary. The employees had installed the basketball hoop and backboard with the consent of a supervisor. They used some material owned by the employer, but the employer provided no equipment. Petitioner was not compensated for the time off for lunch.

Labor Code section 3600, subdivision (a), provides, in part: “Liability for the compensation provided by this division . . . shall, without regard to negligence, exist against an employer for any injury sustained by his or her employees arising…