D'Alessandro, Thomas

Applicant, a police officer and defensive tactics instructor for the City of Menifee, injured his left knee while participating in an off-duty jiu-jitsu class on August 8, 2022. The WCJ found the injury non-compensable under Labor Code section 3600(a)(9), concluding that while applicant subjectively believed participation was expected by his employer, that belief was not objectively reasonable. The WCAB majority granted reconsideration, rescinded the F&O, and substituted findings that the injury arose AOE/COE. The majority found applicant's subjective belief objectively reasonable based on a team-lead email urging officers to stay in shape and work out, the incorporation of jiu-jitsu techniques into Artemis and Gracie Survival Tactics training, and the practice of other team members taking jiu-jitsu classes. Commissioner Razo dissented, finding the case akin to City of Stockton v. WCAB (Jenneiahn) because applicant maintained general fitness rather than training for a specific required test.