Richard E. Knudsen, vs. City Of Beverly Hills, Permissibly Self- Insured,

In this case, Richard E. Knudsen, a police officer employed by the City of Beverly Hills, sought workers' compensation benefits for an injury he sustained to his left shoulder while working out in the police station gym on his off-duty hours. The Workers' Compensation Appeals Board granted reconsideration and reversed the original decision, finding that the injury was industrial and compensable. The Board concluded that Knudsen's subjective belief that working out was expected by the employer was objectively reasonable, given that the employer allowed its officers to sleep at the station, provided them with an on-site gym, showers, and towels, and that exercising was beneficial to both the employee and employer.

CITY OF BEVERLY HILLS, permissibly self- insured, RICHARD E. KNUDSEN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARICHARD E. KNUDSEN, Applicant,vs.CITY OF BEVERLY HILLS, permissibly self-insured, Defendant.Case No. ADJ1543782 (VNO 0540728)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the Findings and Order of March 10, 2009, wherein the workers’ compensation judge (WCJ) found, in essence, that the injury applicant sustained to his left shoulder on September 12, 2006, while employed by defendant as a police officer, was not an industrial injury because, as stated by the WCJ in relevant part of the Opinion on Decision, the injurious activity, exercising in the police station gym on his off-duty hours, was not a “reasonable expectancy” of the employment. Thus, the WCJ ordered that applicant “take nothing” on his claim for workers’ compensation benefits.            Applicant contends that the injury was industrial and compensable, arguing that the injurious activity was encouraged by defendant and occurred on its work premises where applicant intended to sleep overnight until his work shift began the following morning. Applicant further argues that his claim is compensable pursuant to the “personal comfort” doctrine.            Defendant filed an answer to the petition for reconsideration.I.            We have considered the allegations made in the petition for reconsideration and answer thereto, as well as the content of the WCJ’s Report and Recommendation (Report).            Based on our review of the record and for the reasons discussed below, we will grant , reconsideration and reverse the March 10, 2009 Findings and Order, as applicant’s left shoulder injury was industrial and is compensable.II.            The relevant facts do not appear to be disputed.            Applicant was employed as a police officer by defendant. On September 12, 2006, while off-duty, applicant inju

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