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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ6884625
Regular
Jun 19, 2012

JASON PETERSON, KIRSTIE MCCRAINE-PETERSON vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

This case concerns the death of Jason Peterson, a correctional officer, from a pulmonary embolism after injuring his calf in a kickboxing class. The applicant, his widow, claimed the injury and death were work-related, arguing the kickboxing class was a reasonable expectancy of employment due to a general fitness requirement and incentive program. The Workers' Compensation Appeals Board (WCAB) affirmed the WCJ's decision, finding the claim barred by Labor Code Section 3600(a)(9) because the decedent's belief that kickboxing was required was not objectively reasonable, as mere general assertions of fitness expectations are insufficient. Commissioner Brass dissented, believing the decedent's participation was both subjectively and objectively reasonable given its likely benefit to his job performance as a correctional officer.

Labor Code Section 3600(a)(9)Pulmonary EmbolismCorrectional OfficerKickboxingOff-duty Recreational ActivityReasonable Expectancy of EmploymentSubjective BeliefObjective ReasonablenessEzzy testCity of Stockton v. Workers' Comp. Appeals Bd. (Jenneiahn)
References
Case No. ADJ8334555
Regular
Apr 05, 2013

JOSE HERNANDEZ vs. BRYAN MIMAKI dba PACIFIC RIMS, PALMS; ZENITH INSURANCE COMPANY

This case concerns whether a knee injury sustained by an employee, Jose Hernandez, while playing basketball on company premises during lunch is compensable. The defendant argued the injury did not arise out of employment, as it stemmed from voluntary participation in an athletic activity not required by the employer. The Appeals Board denied reconsideration, affirming the finding that the injury was industrial. The majority found the employee's subjective belief of employer expectation was objectively reasonable, given the employer provided a court and balls and supervisors encouraged participation. Commissioner Lowe dissented, arguing the applicant failed to demonstrate an objectively reasonable belief of employer expectation, as he could opt out and faced no repercussions.

Workers' Compensation Appeals BoardIndustrial InjuryRight KneeField WorkerBasketball GameOff-Duty Recreational ActivityLabor Code Section 3600(a)(9)Reasonable Expectancy of EmploymentSubjective BeliefObjective Reasonableness
References
Case No. ADJ4225434 (LAO0864755)
Regular
Dec 10, 2008

CHING YEN vs. C & C INTERNATIONAL GROUP, STATE COMPENSATION INSURANCE FUND

This case involves an applicant injured in a car accident while traveling to a wedding with her employer. The applicant claimed her participation in the trip was a reasonable expectancy of her employment as an account assistant, which involved driving and travel. The Board denied reconsideration of the workers' compensation judge's finding that the injury was industrial, determining the applicant's subjective belief of being required to attend the trip was objectively reasonable given her job duties and her employer's direction.

Workers' Compensation Appeals BoardIndustrial InjuryReasonable ExpectancyOff-duty recreational activitySubjective beliefObjectively reasonableMotor vehicle accidentAccount assistantCommercial travelSpecial mission
References
Case No. ADJ1543782 (VNO 0540728)
Regular
May 27, 2009

Richard E. Knudsen vs. CITY OF BEVERLY HILLS

The Workers' Compensation Appeals Board granted reconsideration, reversing a previous decision that denied benefits for a police officer's shoulder injury. The Board found the injury sustained in the on-duty gym was industrial because the applicant's belief that working out was expected was objectively reasonable, given the employer provided gym facilities and allowed officers to stay overnight for safety and duty readiness. The injury is now considered a compensable industrial injury.

Workers' Compensation Appeals BoardCity of Beverly Hillspolice officeroff-duty injuryindustrial injuryreasonable expectancypersonal comfort doctrineexertional injurygym workoutpremises
References
Case No. ADJ1688022 (VNO 0558018)
Regular
May 03, 2010

RONALD TORRES vs. FOREVER 21, FEDERAL INSURANCE COMPANY, CHUBB GROUP OF INSURANCE COMPANIES

This case involves a worker injured playing soccer off-duty on company property. The employer argued the injury was not compensable under Labor Code section 3600(a)(9) as it was voluntary recreational activity. The Board reversed the initial finding, holding that the worker's voluntary participation in the soccer game, which was not required by or a reasonable expectancy of employment, fell outside the scope of workers' compensation coverage. Therefore, the applicant's claim for benefits for his shoulder injury was denied.

Labor Code section 3600(a)(9)Ezzy v. Workers' Comp. Appeals Bd.off-duty recreational activityvoluntary participationreasonable expectancy of employmentexpressly or impliedly requiredsoccer game injuryindustrial injuryleft shouldercompensable injury
References
Case No. SFO 0499272
Regular
Jul 07, 2008

Helen Miller vs. Green Gulch Farm and Zen Center, EVEREST NATIONAL INSURANCE

The Workers' Compensation Appeals Board affirmed the administrative law judge's finding that Helen Miller was an employee of Green Gulch Farm and Zen Center and sustained an industrial injury to her left ankle. The Board found Miller was not a volunteer due to the extensive benefits received and the employer's control, and her jogging injury during a lunch break was a reasonable expectancy of employment, not barred by Labor Code section 3600(a)(9). Therefore, her injury arose out of and occurred in the course of her employment.

Workers' Compensation Appeals BoardHelen MillerGreen Gulch Farm and Zen CenterEverest National InsuranceGallagher BassettSFO 0499272Opinion and Decision After ReconsiderationLabor Code Section 3351Labor Code Section 3352(i)Employee definition
References
Case No. ADJ1543782
Regular
Aug 18, 2009

Richard E. Knudsen vs. CITY OF BEVERLY HILLS

In this workers' compensation case, the Board denied the defendant City of Beverly Hills' reconsideration of its prior decision. The Board had overturned a judge's finding that a police officer's shoulder injury sustained while exercising in the station gym during off-duty hours was not industrial. The Board determined the injury was compensable because it was a reasonable expectancy of employment under the specific circumstances. This decision reinforces the finding that the officer's workout was a reasonable part of his employment, even during off-duty hours.

Workers Compensation Appeals BoardCity of Beverly Hillspolice officerleft shoulder injuryindustrial injuryreasonable expectancyoff-duty hoursgymcompensablereconsideration
References
Case No. ADJ9876999, ADJ9876980
Regular
Jul 20, 2016

ROLANDO RENTERIA vs. CITY OF DOWNEY

The Workers' Compensation Appeals Board denied the City of Downey's petition for reconsideration. The Board upheld the finding that police officer Rolando Renteria sustained a compensable injury to his right thumb while weightlifting at home. This was because the WCJ found the off-duty exercise to be a reasonable expectancy of employment, citing Renteria's role as a breacher on the entry team and participation in strength-based training and fitness tests. The Board deferred to the WCJ's credibility findings regarding Renteria's belief that his employer expected such fitness maintenance.

Rolando RenteriaCity of DowneyADJ9876999ADJ9876980Petition for ReconsiderationFindings and OrderAOE/COEright thumb injuryoff-duty weightliftingLabor Code section 3600(a)(9)
References
Case No. ADJ7033127
Regular
Sep 15, 2010

JOSEPH KROUSHOUR vs. CITY OF OAKLAND, JT2 INTEGRATED OAKLAND

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.

Workers' Compensation Appeals BoardCity of OaklandJoseph KroushourPetition for ReconsiderationOrder Denying ReconsiderationReport and RecommendationInjury AOE/COELeft Shoulder InjuryPolice OfficerPermissibly Self-Insured
References
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