WCPanelIQ
PanelDenied

Larson, Keith

KEITH LARSON, Applicant vs. MORAGA ORINDA FIRE DISTRICT, permissibly self-insured, adjusted by ATHENS ADMINISTRATORS, Defendants

ADJ number
ADJ17881925
Decision date
Jul 28, 2024
District office
Oakland
WCJ
Therese Da Silva
Claim administrator
Athens Administrators
Commissioners
—

Injury / body parts: left ankle, left foot

LC §3600LC §3202

Summary

A firefighter for Moraga Orinda Fire District injured his left ankle and left foot while trail running on Mount Burdell to maintain physical fitness for wildland fire duty. The WCJ found the injury arose out of and in the course of employment, and defendant sought reconsideration arguing applicant failed to prove his subjective belief that off-duty trail running was objectively reasonable under Labor Code section 3600(a)(9). The WCAB adopted the WCJ's Report and denied reconsideration, applying the two-part Ezzy test (subjective belief plus objective reasonableness). The Board concluded that physical fitness was indisputably required for the job, applicant subjectively believed off-duty exercise was expected, that belief was objectively reasonable, and the employer derived a direct benefit from his fitness. The injury was therefore compensable and not barred by section 3600(a)(9).

Issues

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Holding

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Analysis

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Defense takeaway

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