Legal Question in Workers Comp in California

Recreatial Activities on Company Premise

I am a saleried employees working for a Defense Contractor.

I was injured playing basketball on company basketball court at 12:10 pm.

I was told when I was hired that recreational activities was important to this company and that the president supported those who worked out. Employees (including Managers) at my work requested that I come out and play baskeball. They would call me daily to see if I was coming out to play.

The California Law talks about ''Off Duty'' recreational activites, not ''on duty''.

I am a saleried employee who works from 8am-5pm so ''Off Duty'' would not apply.

My Manager was fully aware that I was playing baksetball and provided encourgement.

How does one determine ''Off duty'' in this case?

Would playing basketball on company premise basketball court be an incident of employement covered by Ca Workers Comp?

My boss did not tell me not to play basekball nor did anyone. I was encouraged by other employees to play.


Asked on 8/06/05, 1:04 pm

1 Answer from Attorneys
David Lupoff Law Offices of David B. Lupoff

Re: Recreatial Activities on Company Premise

This could be work-related providing that playing basket ball was somewhat of a job requirement. E.G., A police officer lifting weights in the department gym.

Corporate pressure to play a sport may also be work-related, but a fact pattern such as yours is a hard fought battle because there's case law both ways.

Should you desire to be properly represented, please do not hesitate to contact my office at 818-943-0462. Otherwise, good luck.

Best regards,

David Lupoff, Esq.

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Answered on 8/22/05, 7:07 pm


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