Home/Case Law/JOSEPH NJOROGE vs. CITY OF WALNUT CREEK
Regular DecisionRegular Panel Decision

JOSEPH NJOROGE vs. CITY OF WALNUT CREEK

Filed: Nov 26, 2018
Oakland
ADJ10513647, ADJ10615093

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration because his injury while playing soccer did not arise out of and occur in the course of employment. While the applicant argued his employer required him to stay in top physical shape, the Board found the evidence insufficient to prove this expectation. Although the petition was initially questioned for timeliness due to defective service, the Board addressed it on the merits. The Board adopted the reasoning of the WCJ, which found no evidence the employer mandated specific off-duty exercises.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration because his injury while playing soccer did not arise out of and occur in the course of employment. While the applicant argued his employer required him to stay in top physical shape, the Board found the evidence insufficient to prove this expectation. Although the petition was initially questioned for timeliness due to defective service, the Board addressed it on the merits. The Board adopted the reasoning of the WCJ, which found no evidence the employer mandated specific off-duty exercises.

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JOSEPH NJOROGE vs. CITY OF WALNUT CREEK (2018) – Oakland | CompFox