Friedrich, David

Applicant David Friedrich, an LAPD detective in a specialized robbery-homicide unit, sought reconsideration of an arbitrator's Findings and Order that found his October 2, 2022 left shoulder injury, sustained while weightlifting at a private gym, did not arise out of and occur in the course of employment. The arbitrator applied Labor Code section 3600(a)(9), finding applicant was engaged in voluntary off-duty recreational activity. The WCAB granted reconsideration, holding that applicant was on paid, special on-call/standby status at the time of injury and was therefore on duty, not off duty, rendering section 3600(a)(9) inapplicable. Relying on Gonzalez and the personal convenience doctrine from Price, the Board found the injury compensable. The Board rescinded the arbitrator's decision and substituted a finding of industrial injury, deferring all other issues.