California, United States of America
The following excerpt is from Ford v. Workers' Comp. Appeals Bd., 16 Cal.App.5th 889, 225 Cal.Rptr.3d 557 (Cal. App. 2017):
The parties agree the leading case interpreting section 1871.4 is Tensfeldt v. Workers' Compensation Appeals Board (1998) 66 Cal.App.4th 116, 77 Cal.Rptr.2d 691 ( Tensfeldt ). In Tensfeldt, a worker injured his knee playing basketball with his coworkers; he filed a workers' compensation claim and falsely stated he injured his knee while working as a plumber for his employer, a municipality. The municipality accepted the claim and paid the worker medical and temporary indemnity benefits. When the worker's false statement was uncovered, he was prosecuted and pled guilty to one count of misdemeanor fraud in violation of section 1871.4, subdivision (a)(1). However, before entering his plea the worker filed a second, truthful claim in which he stated he had been playing basketball with coworkers when he was injured; because the game occurred during working hours, with his coworkers and the consent of his supervisor, he argued his injury was compensable.
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