Can a police officer who injured his back at home during non-working hours to meet a job requirement that he maintain a good physical condition and submit a biennial physical examination and submit to a mandatory physical examination?

California, United States of America


The following excerpt is from City of Los Angeles v. Workers' Comp. Appeals Bd., 154 Cal.Rptr. 379, 91 Cal.App.3d 759 (Cal. App. 1979):

2 In Haugen v. State Acc. Ins. Fund (Or.App.1978) 588 P.2d 77, the Oregon appellate court reversed an award of compensation to a police officer who injured his back at home during non-working hours to meet the job requirement that he maintain "good physical condition" and submit to a biennial physical examination. The court said: "The employee assumes the responsibility for, and correspondingly any attendant risk of, meeting the job qualifications. He may follow a program of careful diet and walking, or engage in vigorous contact sports. In either event, the activity and any injury resulting therefrom is neither in the course of nor does it arise out of the employment."

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