ADJ1543782

In this case, the Workers’ Compensation Appeals Board denied reconsideration of the Opinion and Order Granting Reconsideration and Decision After Reconsideration of May 27, 2009, which found that the injury applicant sustained to his left shoulder while employed by the City of Beverly Hills as a police officer was an industrial injury and compensable. The Board found that it was objectively reasonable for the applicant to subjectively believe that working out was a reasonable expectancy of the employment.

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.