CITY OF STOCKTON v. WCAB

No. C050085.

38 Cal.Rptr.3d 474 (2006)

135 Cal.App.4th 1513

CITY OF STOCKTON et al., Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and Sean Jenneiahn, Respondents.

Court of Appeals of California, Third District.

January 27, 2006.


Attorney(s) appearing for the Case

Law Office of Joseph J. Barlupo and Hector M. Jorrin for Petitioners.

Mastagni, Holstedt, Amick, Miller, Johnsen & Urhammer, Frolan R. Aguiling and Michael Amick, Sacramento, for Respondent Sean Jenneiahn.


SCOTLAND, P.J.

This case poses the question whether a police officer who injured his leg while off duty, playing in a pickup game of basketball at a private facility, is entitled to workers' compensation benefits.

A workers' compensation judge (WCJ) concluded the injury arose out of and occurred in the course of the police officer's employment because, in the WCJ's view, the officer reasonably believed that "his participation in cardiovascular activities ...

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