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Quote of the Day - Have you noticed that whatever sport you're trying to learn, some earnest person is always telling you to keep your knees bent? - Unknown
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Off-duty, Non-required Physical Activity Not Covered By Work Comp

If your employer requires you to stay in shape in order to do your job (such as a fitness trainer, a dancer or performer, certainly as here the police and fire departments), and you elect to play in a pickup basketball game "in order to maintain cardiovascular fitness," are you entitled to worker's compensation benefits if you're injured in that game?

Probably not, and in this case, definitely no.

How about a league sponsored by your employer?  Does that make it a closer call?  What if your boss plays on the team and encourages you to play?  What about a company picnic?  Most of the cases cited in this opinion rule against providing such benefits.

The court said that it turns on the statute added back in 1978, California Labor Code section 3600.  The Court said the injury is covered when "the employee is performing service growing out of and incidental to his or her employment and is acting within the course of his or her employment" and "the injury is proximately caused by the employment, either with or without negligence."

That pretty much leaves out most off-work, non-required voluntary physical activity.

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Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Sunday, January 29, 2006 at 11:48 Comments Closed (0) |
 
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