Mike Henderson — ADJ12206488

Police Sergeant Mike Henderson was injured on April 2, 2019, while working out in the on-premises gym at the City of Glendora Police Department, when weight plates came off a dumbbell and struck his head. The sole issue was whether his injury arose out of and occurred in the course of employment (AOE/COE) or whether it was barred as an off-duty recreational activity under Labor Code section 3600(a)(9). The WCJ found the injury compensable, relying on credible testimony that applicant had shifted his work schedule with supervisor approval, was on the clock and being paid, was the sole acting supervisor available to respond to critical incidents, and had a subjective and objectively reasonable belief his workout was on duty. Defendant petitioned for reconsideration arguing applicant was off duty based on a gym-use policy and a 2009 waiver. The WCAB granted reconsideration to study the issues, then affirmed the WCJ's finding of AOE/COE, amending the F&A to expressly state the injury is not barred by section 3600(a)(9).