Parker, Lynette

Lynette Parker, a police sergeant for the City of Richmond, was on paid administrative leave when she contracted COVID-19 at a 24 Hour Fitness gym in November 2020. The parties stipulated that if working out at the gym was found to be part of her employment, defendant would accept the COVID-19 claim, so the sole issue was whether the gym activity was AOE/COE. The WCJ found the injury compensable under Labor Code section 3600(a)(9), applying the two-pronged Ezzy test for off-duty recreational/athletic activities. The WCAB denied defendant's Petition for Reconsideration, adopting and incorporating the WCJ's Report, finding applicant reasonably believed maintaining physical fitness was expected by the employer and that belief was objectively reasonable. Defendant's argument that applicant's pre-existing back injury made her belief unreasonable was rejected as speculative and irrelevant.