WCAB

City of Stockton v. Workers' Compensation Appeals Board

Good Law
135 Cal. App. 4th 1513·2006 Cal. App. LEXIS 95·2006 Daily Journal DAR 1158·38 Cal. Rptr. 3d 474·71 Cal. Comp. Cases 5
Court of Appeal of CaliforniaJanuary 27, 2006C050085California4,865 words

Opinion

Opinion

Scotland, J.

This case poses the question whether a police officer who injured his leg while off duty, playing in a pickup game of basketball at a private facility, is entitled to workers’ compensation benefits.

A workers’ compensation judge (WCJ) concluded the injury arose out of and occurred in the course of the police officer’s employment because, in the WCJ’s view, the officer reasonably believed that “his participation in cardiovascular activities such as basketball were [szc] expected by his employer.” In a two-to-one decision, the Workers’ Compensation Appeals Board denied the employer’s petition for reconsideration.

The police officer’s employer then petitioned for, and we issued, a writ of review. We now shall annul the award of workers’ compensation benefits.

As we will explain, when an employee is injured during voluntary, off-duty participation in a recreational, social, or athletic activity, Labor Code section 3600, subdivision (a)(9) provides that the injury is not covered by workers’ compensation, unless the activity was “a reasonable expectancy of’ the employment or it was “expressly or impliedly required by” the employment. General assertions that the employer…

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