What the panel ordered
Petition for Reconsideration denied, affirming the arbitrator's Findings and Order that the claim is barred under Labor Code section 3600(a)(9).
Applicant sought reconsideration of an arbitrator's Findings and Order of August 23, 2023, which found the claim barred by Labor Code section 3600(a)(9). The Appeals Board considered the petition and supplemental pleading and decided to deny reconsideration.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The applicant's injury during off-duty kickboxing was found not compensable because his belief that the activity was required by employment was not objectively reasonable, and the activity was not approved by the department manual.
From the decision · page 4Applicant filed a claim for an injury to his ankle. He sustained an injury while participating in an off-duty kickboxing class at a private gym in a city unaffiliated with the Los Angeles Police Department. The Defendant only became aware of this activity on receipt of the claim. Defendant denied the claim on the basis of Labor Code Section 3600(a)(9) as an off-duty athletic unapproved activity by the department.