Erika Spence — ADJ10987859

Erika Spence, an LAPD police officer, claimed she sustained an industrial injury to her right foot on July 30, 2017 while playing in the Menehune Basketball Invitational Tournament hosted by a private organization in La Puente. A WCJ initially found the injury compensable (AOE/COE), but defendant City of Los Angeles sought reconsideration under Labor Code section 3600(a)(9), arguing the injury arose from voluntary off-duty recreational activity. Applying the two-prong Ezzy test, the Board found that applicant failed to satisfy the first prong because she testified that her participation was entirely voluntary and that she did not subjectively believe it was required by her employment. The Board further noted that the tournament was not an approved activity at an approved location under LAPD Manual Section 772, which sets reasonable limits on employer liability for athletic injuries. The Board rescinded the WCJ's July 16, 2018 F&O and substituted a finding that applicant did not sustain injury AOE/COE.