WCPanelIQ
PanelDenied

Ruiz, Joel

JOEL RUIZ, Applicant vs. CITY OF LOS ANGELES, Permissibly Self-Insured, Defendant

ADJ number
ADJ13624079
Decision date
Nov 12, 2023
District office
Van Nuys
WCJ
Semial Treadwell (Arbitrator)
Claim administrator
City of Los Angeles (Permissibly Self-Insured)
Commissioners
—

Injury / body parts: left ankle, lower extremity

LC §3600CCR §10964CCR §10990

Summary

Joel Ruiz, a 48-year-old Los Angeles police officer, sustained a left ankle/lower extremity injury on July 11, 2020, while participating in an off-duty kickboxing class at a private gym unaffiliated with the LAPD. The arbitrator found the claim barred under Labor Code section 3600(a)(9) as an off-duty recreational/athletic activity that failed the second prong of the Ezzy test, because applicant's subjective belief that the activity was required by his employment was not objectively reasonable. The WCAB denied reconsideration, adopting the arbitrator's Report and reasoning that the LAPD manual approved only specified activities at specified locations—not kickboxing—and that mere encouragement to maintain general fitness is insufficient to extend coverage. The Board distinguished the compensable cases (Wilson, Kidwell, Tomlin, Young) where injuries occurred while training for specific required fitness tests, contrasting them with Jenneiahn and Peterson, where general fitness expectations did not create coverage.

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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