Todd v. Workers' Compensation Appeals Board

California Court of Appeal Feb 18, 1988 No. A037377Published

Before: Smith

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Holding. An employee injured while playing basketball during an uncompensated lunch break is not entitled to workers' compensation benefits because the activity was voluntary, off-duty, and not a reasonable expectancy of employment. The personal comfort doctrine does not apply to recreational activities governed by Labor Code section 3600, subdivision (a)(9).

Issues

Whether an injury sustained during a voluntary, off-duty basketball game on the employer's premises is compensable under Labor Code section 3600, subdivision (a)(9).
Whether the personal comfort doctrine overrides the statutory exclusion for voluntary recreational activities.

Disposition. affirmed

Quotations verified verbatim against the opinion

“the Legislature’s intent in enacting what is now section 3600, subdivision (a)(9), was to eliminate from workers’ compensation coverage injuries sustained during recreational, social, or athletic activities which are only remotely work-related.”

“an employee engaged in a basketball game during an uncompensated lunch period is “off-duty” within the meaning of section 3600, subdivision (a)(9).”

“This doctrine, however, is inconsistent with the test for coverage under section 3600, subdivision (a)(9), and thus is inapplicable to cases that come within the scope of that section.”

Opinion

SMITH, J.

The issue is whether the petitioner is entitled to workers’ compensation for an injury sustained while playing basketball during his lunch break on the employer’s premises. (Lab. Code, § 3600, subd. (a)(9).) The workers’ compensation judge concluded that he is not entitled to compensation. The Workers’ Compensation Appeals Board agreed with the judge and denied reconsideration. We granted the applicant’s petition for a writ of review.

In April 1986, the petitioner was employed as an electronic technician for Retech, Inc. He injured his left knee while playing basketball with fellow employees on the employer’s premises during his lunch break. Participation in the basketball game was voluntary. The employees had installed the basketball hoop and backboard with the consent of a supervisor. They used some material owned by the employer, but the employer provided no equipment. Petitioner was not compensated for the time off for lunch.

Labor Code section 3600, subdivision (a), provides, in part: “Liability for the compensation provided by this division . . . 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 the employment ...[[}] (9) Where the injury does not arise 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.”

As explained in

Ezzy

Workers’ Comp, Appeals Bd.

(1983) 146 Cal.App.3d 252, 261-263 [194 Cal.Rptr. 90], and

Hughes Aircraft Co.

Workers’ Comp. Appeals Bd.

(1983) 149 Cal.App.3d 571, 574-575 [196 Cal.Rptr. 904], the Legislature’s intent in enacting what is now section 3600, subdivision (a)(9), was to eliminate from workers’ compensation coverage injuries sustained during recreational, social, or athletic activities which are only remotely work-related. The purpose of the legislation was to

[760]

Todd v. Workers' Compensation Appeals Board

AI Brief

SMITH, J.

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