QUESTION PRESENTED Under the California workers’ compensation statute, is an off-duty recreational activity, that happened off site, a “reasonable expectation” of employment when an employee is not subjected to physical fitness tests, there is a reminder by management to stay in good physical shape, and the employee believes that doing that activity is needed to fulfill his job duties?
SHORT ANSWER Most likely no. Participation in an off-duty recreational activity is a reasonable expectation of employment if the employer pressures the employee to engage in the specific activity, Kidwell v. Workers' Comp. Appeals Bd., 33 Cal. App. 4th 1130, 1137 (1995); however, an employer’s general expectation that its employees stay physically fit does …show more content…
Bennett is not eligible for workers’ compensation benefits for his injuries. The California Labor Code provides that liability for compensation “shall, without regard to negligence, exist against an employer for any injury sustained by his or her employees arising out of and in the course of employment.” However, injuries sustained from “voluntary participation in any off-duty recreational, social, or athletic activity” are not covered unless the activity is “a reasonable expectancy of, or are expressly or impliedly required by, the employment.” Cal. Lab. Code § 3600 (a)(9) (West 2012). Participation in an off-duty recreational activity is a reasonable expectation of employment if the employer pressures the employee to engage in the specific activity; however, an employer’s general expectation that its employees stay physically fit does not suffice. Kidwell, 33 Cal. App. 4th at 1130; Stockton, 135 Cal. App. 4th at 1513. In utilizing the “reasonable expectancy” language in the workers’ compensation statute, the Legislature’s intent is to limit the activities where an employer will be held liable to those that are not remotely work-connected. Kidwell, 33 Cal. App. 4th at 1136. However, work-connected compensable injuries include those that have been indirectly encouraged by the applicant’s employer. …show more content…
at 1522. The court, in applying the “reasonable expectancy” test, seeks to establish if the belief Mr. Jenneiahn had that his employer expected him to engage in a pickup game of basketball was objectively reasonable. Id. at 1526. The court noted that the game was not remotely connected or coordinated by the employer. Instead, it took place in a private facility. Id. The court reasoned that the employer had not sponsored, encouraged, or condoned the basketball pick-up game in question. Additionally, the court considered the fact that no physical testing was required to maintain employment, much less skills used in basketball, and the fact Mr. Jenneiahn knew his physical fitness for the job was not dependent on him playing basketball. Id. Consequently, the court reasoned that his belief that his employer expected him to engage in basketball games were not objectively reasonable. The court noted that him playing in an off-duty pickup game was nothing more than voluntary and the general expectation of an officer to maintain a certain degree of physical fitness are not a sufficient basis to cover all off-duty recreation activities an officer engages in.
SHORT ANSWER Most likely no. Participation in an off-duty recreational activity is a reasonable expectation of employment if the employer pressures the employee to engage in the specific activity, Kidwell v. Workers' Comp. Appeals Bd., 33 Cal. App. 4th 1130, 1137 (1995); however, an employer’s general expectation that its employees stay physically fit does …show more content…
Bennett is not eligible for workers’ compensation benefits for his injuries. The California Labor Code provides that liability for compensation “shall, without regard to negligence, exist against an employer for any injury sustained by his or her employees arising out of and in the course of employment.” However, injuries sustained from “voluntary participation in any off-duty recreational, social, or athletic activity” are not covered unless the activity is “a reasonable expectancy of, or are expressly or impliedly required by, the employment.” Cal. Lab. Code § 3600 (a)(9) (West 2012). Participation in an off-duty recreational activity is a reasonable expectation of employment if the employer pressures the employee to engage in the specific activity; however, an employer’s general expectation that its employees stay physically fit does not suffice. Kidwell, 33 Cal. App. 4th at 1130; Stockton, 135 Cal. App. 4th at 1513. In utilizing the “reasonable expectancy” language in the workers’ compensation statute, the Legislature’s intent is to limit the activities where an employer will be held liable to those that are not remotely work-connected. Kidwell, 33 Cal. App. 4th at 1136. However, work-connected compensable injuries include those that have been indirectly encouraged by the applicant’s employer. …show more content…
at 1522. The court, in applying the “reasonable expectancy” test, seeks to establish if the belief Mr. Jenneiahn had that his employer expected him to engage in a pickup game of basketball was objectively reasonable. Id. at 1526. The court noted that the game was not remotely connected or coordinated by the employer. Instead, it took place in a private facility. Id. The court reasoned that the employer had not sponsored, encouraged, or condoned the basketball pick-up game in question. Additionally, the court considered the fact that no physical testing was required to maintain employment, much less skills used in basketball, and the fact Mr. Jenneiahn knew his physical fitness for the job was not dependent on him playing basketball. Id. Consequently, the court reasoned that his belief that his employer expected him to engage in basketball games were not objectively reasonable. The court noted that him playing in an off-duty pickup game was nothing more than voluntary and the general expectation of an officer to maintain a certain degree of physical fitness are not a sufficient basis to cover all off-duty recreation activities an officer engages in.