California, United States of America
The following excerpt is from Wilson v. Workers' Comp. Appeals Bd., 196 Cal.App.3d 902, 239 Cal.Rptr. 719 (Cal. App. 1987):
Second, we consider whether petitioner's belief that his participation was expected by his employer was objectively reasonable. Courts applying this [196 Cal.App.3d 907] test analyze and weigh factors evidencing implied employer approval or encouragement. For instance, in Ezzy v. Workers' Comp. Appeals Bd., supra, 146 Cal.App.3d 252, 194 Cal.Rptr. 90, the petitioner was a law clerk and received injuries during an interoffice softball game. In deciding that the petitioner reasonably believed she was expected to participate, the court stressed various facts: the law firm paid for all sporting equipment as well as postgame entertainment; the firm received a substantial benefit through improved office cooperation and camaraderie; the petitioner's participation was not voluntary due to internal pressure on the female staff to take part; and her position as a part-time law clerk, low on the hierarchy of the legal totem pole, brought increased pressure to bear.
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