What is the test for determining whether a plaintiff was expected to participate in an office softball game?

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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