CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) denied reconsideration of a decision that found Joseph Kroushour's left shoulder injury compensable. The WCAB adopted the Workers' Compensation Judge's (WCJ) report, which concluded Kroushour's belief that maintaining physical fitness was an employment expectancy was both subjectively held and objectively reasonable. The judge found the police officer's weightlifting to be a reasonable part of preparing for his return to duty, supported by departmental rules and job requirements. The defendant's arguments on reconsideration, including raising a new legal theory, were deemed without merit and not supported by the record.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) denied reconsideration of a decision that found Joseph Kroushour's left shoulder injury compensable. The WCAB adopted the Workers' Compensation Judge's (WCJ) report, which concluded Kroushour's belief that maintaining physical fitness was an employment expectancy was both subjectively held and objectively reasonable. The judge found the police officer's weightlifting to be a reasonable part of preparing for his return to duty, supported by departmental rules and job requirements. The defendant's arguments on reconsideration, including raising a new legal theory, were deemed without merit and not supported by the record.
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