Is an employee entitled to workers' compensation for injuries sustained while off duty?

California, United States of America


The following excerpt is from Taylor v. Workers' Comp. Appeals Bd., 199 Cal.App.3d 211, 244 Cal.Rptr. 643 (Cal. App. 1988):

Labor Code section 3600, subdivision (a)(9), provides in substance that an employee is not entitled to workers' compensation for an injury sustained while voluntarily participating in off-duty recreational or athletic activities, unless the activities are a "reasonable expectancy of, or are expressly or impliedly required by, the employment." In Ezzy v. Workers' Comp. Appeals Bd. (1983) 146 Cal.App.3d 252, 194 Cal.Rptr. 90, we analyzed what is now section 3600, subdivision (a)(9), and explained that the test of "reasonable expectancy of employment" consists of two elements: (1) whether the employee subjectively believes his or her

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