Young
Young v. Workers' Compensation Appeals Board
Opinion
Opinion
Butz, J.
Labor Code section 3600, subdivision (a)(9) (hereafter section 3600(a)(9)) forecloses workers’ compensation coverage for an injury that arises out of “voluntary participation in any off-duty recreational, social, or athletic activity not constituting part of the employee’s work-related duties, except where these activities are a reasonable expectancy of, or are expressly or impliedly required by, the employment.”
We conclude that a county jail correctional sergeant’s off-duty injury, sustained when he was performing jumping jacks at home as part of his regular warm-up exercise regimen, arose in tire course of his employment under section 3600(a)(9)’s exception for coverage, where a departmental order required correctional officers to “maintain themselves in good physical condition so that they can handle the strenuous physical contacts often required of a law enforcement officer,” and where the Butte County Sheriff’s Office (the Department) required its correctional officers to undergo periodic training exercises, many of which involved physical activity. Consequently, we annul the decision from the Workers’ Compensation Appeals Board (WCAB), which concluded otherwise,…