Workers' Compensation. Linda Burnett Kidwell, employed as a state traffic officer by the California Highway Patrol (CHP), suffered an injury at home, off duty, while practicing the standing long jump. The jump is a required component of the CHP's annual

Question

physical performance program fitness test. Kidwell filed a claim for workers' compensation benefits. The CHP and the California workers' compensation appeals board denied her claim. Kidwell appealed to a state appellate court. What is the requirement for granting a workers' compensation claim? Should Kidwell's claim be granted?

Answer 1

Workers' compensation
The requirement for obtaining workers' compensation is that an injury occur on the job or in the course of employment. This does not include activities that are "off-duty," unless, in California, off-duty "activities are a reasonable expectancy of * * * the employment." The California Court of Appeal held that Kidwell's injury was compensable. The court reasoned that Kidwell believed her participation in the activity was expected by the CHP, and that this belief was objectively reasonable (a "reasonable expectancy" of her employment). Kidwell "was practicing the standing long jump solely to better her technique in hopes that she would ultimately pass that portion of the annually required * * * fitness test. * * * It is patently unreasonable to determine that the CHP did not expect applicant to practice. Additionally, it is unreasonable to assume that applicant should not have practiced in her home. There is no evidence in this record that the CHP offered its employees practice facilities, supervision or on-duty time to practice. Failure to pass the annual * * * fitness test * * * unquestionably was adverse to an officer's career."