Wilson

—John B. Wilson (petitioner) sought and was granted a writ of review after the Workers’ Compensation Appeals Board (Board) denied Wilson’s petition for reconsideration and affirmed the decision of the workers’ compensation judge that petitioner’s injury did not arise out of and in the course of his employment by the City of Modesto (City).

The sole issue this court is required to decide is whether petitioner’s injury to his left ankle, that occurred while petitioner was running off duty to keep himself in physical condition to pass the tests required by City to remain a member of the special emergency reaction team (SERT), a tactical unit of City’s police department, arose out of and in the course of his employment. We will conclude that it did and annul the Board’s decision.

Petitioner was at all relevant times employed by City as a police officer member of SERT. Membership in SERT is voluntary for police officers, and they receive no extra pay or benefits for their participation. To be a member of SERT, each officer is required to pass physical tests four times a year. One such test requires members over 35 years old to run 2 miles in 17 minutes. Other tests call for…