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PanelDenied

D' Alessandro, Thomas

THOMAS D’ALESSANDRO, Applicant vs. CITY OF MENIFEE; permissibly self-insured, Defendant

ADJ number: ADJ16610370
Decision date: Dec 18, 2024
District office: Riverside
WCJ: —
Claim administrator: City of Menifee (permissibly self-insured)
Commissioners: JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: left knee

LC §3600LC §5909LC §5900

Summary

Thomas D'Alessandro, a police officer and defensive tactics instructor for the City of Menifee, injured his left knee while taking an off-duty jiu-jitsu class on August 8, 2022. The WCJ initially found the injury barred under Labor Code section 3600(a)(9) because applicant failed the second (objective reasonableness) prong of the Ezzy two-prong test. On reconsideration (September 30, 2024 O&O), the Board rescinded the F&O and found injury AOE/COE to the left knee, concluding both Ezzy prongs were met. Defendant sought reconsideration of that O&O, arguing the Board over-relied on an August 17, 2021 email from team lead Lieutenant Gutierrez and that applicant's belief was neither held nor objectively reasonable. The Board (2-1) denied reconsideration, finding applicant subjectively and objectively reasonably believed off-duty jiu-jitsu was expected given fitness requirements, the email, and integration of jiu-jitsu into Artemis/Gracie Survival Tactics training. Commissioner Razo dissented, viewing the case as akin to Jenneiahn (general fitness maintenance) rather than Wilson/Tomlin (training for required fitness tests).

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.