Northstar at Tahoe v. Workers' Compensation Appeals Board

Opinion

NICHOLSON, J.

Northstar at Tahoe, a ski resort and ski lift operator, and its insurer, Alexsis Risk Management Services, petitioned for writ of review after the Workers’ Compensation Appeals Board denied reconsideration of a decision awarding Barbara Wilson-Jacobs disability payments for an injury suffered while skiing on her day off. We granted the writ and now annul the board’s decision, finding the board misapplied the so-called bunkhouse rule.

Factual and Procedural Background

Northstar employed Barbara Wilson-Jacobs as a preparation cook. Skiing was not part of Barbara’s job duties, nor expected or required of her. Northstar owns “converted apartments” called Hilltop Housing, and although Northstar does not require its employees to reside there, Barbara elected to live at Hilltop Housing due to its low housing costs.

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Northstar provides its employees with identification cards which enable them to use the ski lift without charge. On January 15, 1992, Barbara had the day off. She drove to the ski area, and was carrying her skis and poles toward the lift when she slipped and fell, injuring her back and hip. After her fall, she continued to ski for the rest of the day. Three or four days later, she reported the fall to her supervisor. On February 5,1992, Barbara “got down” to clean a freezer and “couldn’t get up.” She was unable to work from February 6, 1992, through April 21,1993, and eventually underwent surgery.

Barbara sought workers’ compensation benefits for her injuries. North-star’s insurer denied her claim, asserting Barbara’s injuries did not arise out of her employment with Northstar. The workers’ compensation judge awarded Barbara payments for temporary and permanent disability and reimbursement for medical and legal expenses, and the Workers’ Compensation Appeals Board denied Northstar’s petition for reconsideration.

Discussion

The board based its award on the so-called “bunkhouse rule.” Pursuant to this rule, “[wjhere an employment contract contemplates, or the nature of the employment requires an employee to reside upon his employer’s premises, he is entitled to workers’ compensation for injuries received during the reasonable and anticipatable use of those premises.” (See