An injury is not covered by workers’ compensation law if the employee:

• Was intoxicated by alcohol or drugs at the time of the injury.
• Intentionally inflicted the injury or committed suicide.
• Engaged in an altercation in which they were the initial physical aggressor.
• Engaged in committing a felony for which they have been convicted.
• Engaged in horseplay on your premises or during a period when they were being compensated.
• Engaged in voluntary participation in off-duty recreational, social or athletic activity not constituting their work-related activities, unless those activities are a reasonable expectancy of employment.
• Was going to or coming from work, unless you exercise control over the employee’s route, the employee’s activities during the commute or the employee’s mode of transportation.1

Sports Activities and Workers’ Compensation

Generally, an injury is not compensable if it occurs during voluntary participation in an off duty recreational, social or athletic activity that is not part of the employee’s work-related duties. However, an injury may be compensable if the activities are a reasonable expectancy of employment, are explicitly or implicitly required by employment.

In one case, the court found little evidence to support an off-duty police officer who believed that his employer expected him to engage in an occasional pickup basketball game. General assertions that it would benefit the employer, or even that the employer expects an employee to stay in good physical condition, are not sufficient to require workers’ compensation for injuries suffered during any recreational or athletic activity in which the employee chooses to participate.2

But in a case involving a part-time law clerk injured at a firm-sponsored softball game, the court held that the employee was entitled to receive workers’ compensation benefits because there was a “reasonable expectancy of employment” (1) when the employee believes their participation in an activity is expected by the employer, and (2) when that belief is objectively reasonable.3

• When announcing any extracurricular sporting event or activity, an employer must make it clear that participating in the event is not a requirement and that the employer does not expect employees to attend.

1. Lab. Code sec. 3600.8