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

Case No. VNO 0515904
Regular
Oct 15, 2007

CHRISTOPHER STOKES vs. COUNTY OF LOS ANGELES SHERRIF'S DEPARTMENT

The Appeals Board granted reconsideration, reversing the WCJ's decision and finding that the deputy sheriff's bicep injury sustained while training for an employer-sanctioned boxing tournament arose out of and occurred in the course of employment. The Board applied the *Ezzy* test, finding both subjective and objective reasonableness in the applicant's belief that his participation was expected, despite the injury occurring during off-duty training at a private residence. The matter was returned for further proceedings, deferring other issues.

Workers' Compensation Appeals BoardDeputy SheriffInjury AOE/COELabor Code Section 3600(a)(9)Voluntary Recreational Activity ExceptionImplied Employer EncouragementObjective Reasonable BeliefDepartmental Boxing TeamFundraiser EventSergeant Mike Young
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. ADJ7597809
Regular
Oct 28, 2013

VICKI GREGORY vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the County of Los Angeles' petition for reconsideration. The Board adopted the judge's report, which found that applicant Vicki Gregory's injuries sustained when thrown from a horse at an annual trail ride arose out of and occurred in the course of her employment. The judge determined that Gregory reasonably and subjectively believed her participation was required as part of her training for the Sheriff's Department Mounted Enforcement Unit. Credible MED Unit witnesses corroborated that such participation was essential for certification and duty readiness.

Workers' Compensation Appeals BoardPetition for ReconsiderationInjury AOE/COEMounted Enforcement DetailDeputy SheriffTrail RideTraining ExerciseMED Unit CertificationSubjective BeliefReasonable Belief
References
Case No. ADJ7850439
Regular
Oct 15, 2012

Edgar Tabo vs. CITY AND COUNTY OF SAN FRANCISCO POLICE DEPARTMENT

The applicant, a police officer, injured himself in an off-duty bicycle crash. The Board denied compensation because the applicant failed to establish that his subjective belief of needing to train for an optional bicycle patrol course was objectively reasonable. His off-duty recreational activity did not meet the requirements for an exception to the exclusion for such injuries under Labor Code section 3600(a)(9). Therefore, the applicant takes nothing by way of his claim.

Workers' Compensation Appeals BoardEdgar TaboCity and County of San Francisco Police DepartmentPermissibly Self-InsuredADJ7850439Oakland District OfficeOpinion and Order Granting ReconsiderationFindings and AwardWCJindustrial injury
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. ADJ8970968
Regular
Oct 17, 2016

JOSE CEJA vs. THYSSENKRUPP ELEVATOR, SEDGWICK CMS

The Applicant sought to disqualify the Workers' Compensation Judge, alleging bias based on a pre-trial chambers discussion where the Applicant felt the judge favored the defendant. The WCAB denied the petition because the Applicant's allegations were subjective beliefs without specific factual support to demonstrate bias. The Board also noted procedural non-compliance with WCAB Rule 10452. Therefore, the judge was not disqualified from presiding over the case.

Petition for DisqualificationWCABAdministrative Law JudgeBiasLabor Code section 5311WCAB Rule 10452Declaration/AffidavitPerjuryOverpaymentTemporary Total Disability
References
Case No. ADJ9174605
Regular
May 12, 2015

WALTER SIMON vs. CITY OF VACAVILLE

This case involves a police officer injured while off-duty hiking with his dog on a steep trail. The City of Vacaville argued the injury was not compensable under Labor Code section 3600(a)(9) as it was voluntary recreational activity not connected to employment. The Board granted reconsideration, rescinded the initial award, and found the injury non-industrial. This decision was based on the applicant's subjective belief being objectively unreasonable given the limitations of his employer's Individual Fitness Plan, which excluded off-road activities.

Workers' Compensation Appeals BoardLabor Code section 3600(a)(9)industrial injuryoff-duty exercisepolice officerrecreational activityreasonable expectancy of employmentIndividual Fitness Planpetition for reconsiderationsubjective belief
References
Case No. ADJ10153886
Regular
Apr 23, 2018

MICHAEL BARROS vs. COUNTY OF RIVERSIDE SHERIFF'S DEPARTMENT

The applicant, a sheriff's investigator, injured his right knee while jogging off-duty. The employer, County of Riverside Sheriff's Department, denied the claim, asserting it was barred by Labor Code section 3600(a)(9) as an off-duty recreational activity. The Appeals Board rescinded the initial findings, ruling the injury was not compensable because the applicant failed to demonstrate his subjective belief that jogging was objectively reasonable or required by his employment. General employer preferences for physical fitness or its mention in performance evaluations, without specific directives or testing, are insufficient to overcome the statutory bar.

Labor Code section 3600(a)(9)AOE/COEoff-duty recreational activitysubjective beliefobjectively reasonableEzzy testvocational expectationphysical fitness requirementsperformance evaluationssubstantial nexus
References
Case No. ADJ13170316
Regular
Mar 14, 2023

ELEAZAR ORTEGA vs. SANTA CRUZ MONTEREY MERCED MANAGED MEDICAL CARE, BERKSHIRE HATHAWAY HOMESTATE INSURANCE COMPANY

Here's a summary of the case in four sentences for a lawyer: The applicant sought reconsideration after the WCJ denied her claim for psychiatric injury AOE/COE, finding that actual employment events did not predominantly cause her condition. The Appeals Board denied reconsideration, agreeing with the WCJ that the applicant failed to prove alleged unfair treatment by her supervisor or HR was not a subjective belief. The Board also affirmed the WCJ's finding that any actual employment events, such as performance critiques, constituted lawful, good faith personnel actions. Therefore, the applicant's petition was denied as she did not establish a compensable psychiatric injury.

WORKERS' COMPENSATION APPEALS BOARDPSYCHIATRIC INJURYAOE/COEFINDINGS AND ORDERPETITION FOR RECONSIDERATIONQUALIFIED MEDICAL EXAMINERPREDOMINANT CAUSEGOOD FAITH PERSONNEL ACTIONLABOR CODE SECTION 3208.3SUBSTANTIAL EVIDENCE
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
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