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| Case Name | Tomlin v. WCAB | |
|---|---|---|
| Date | 05/16/2008 | |
| Note | Claimant was required by his employer to maintain physical fitness and pass annual, mandatory physical fitness tests. He was injured when he slipped on a sidewalk while on a three-mile training run for his employer-mandated physical fitness test. Under the facts of this case, claimant's injury is compensable pursuant to section 3600, subdivision (a)(9). | |
| Citation | B199429 | |
| WCC Citation | WCC 33612008 CA |
We granted Officer Tomlin's petition for a writ of review, and we now annul the WCAB's decision denying Officer Tomlin benefits. In addition, Officer Tomlin is an instructor in defense tactics, both for SWAT and for other BHPD police officers. Officer Tomlin otherwise maintains his physical fitness by running, bicycle riding, and weight lifting with other SWAT team members outside of work. The injury required surgery and kept Officer Tomlin out of work until March 16, 2006, when he was able to resume work with modified duties. The issue is not whether Officer Tomlin enjoyed running, or whether Officer Tomlin would be covered by workers' compensation if he had been injured while running solely for pleasure.
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