Injury from voluntary participation

Injury from voluntary participation in off-duty recreational, social, or athletic activity not constituting part of work duties is not compensable pursuant to LC §3600(a)(9). The exception is where the activity is a reasonable expectancy of, or is expressly or impliedly required by the employment:

(1)    The employee must subjectively believe that the participation is expected and
(2)    His/her belief must be objectively reasonable.

See Ezzy v. WCAB 48 CCC 611 where the injured worker’s belief that participation in a work-sponsored softball game was objectively reasonable. The facts include that she was the only female law clerk; there was no posted statement by the employer that the participation was voluntary and supervisors told her they needed four women to play so as not to forfeit the games.