What the panel ordered
Findings and Award of March 24, 2021 affirmed except amended to find applicant was AOE/COE at time of injury on April 2, 2019; injury not barred by Labor Code section 3600(a)(9).
Defendant filed a Petition for Reconsideration of the WCJ's Amended Findings and Award; the WCJ recommended denial of reconsideration; the WCAB issued an Opinion and Decision After Reconsideration affirming the WCJ's decision with amendment.
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.
Applicant was on duty, authorized to be at work, and injured while working out at the on-premises gym; the 2009 waiver was not enforced and did not bar the claim; the injury was not barred by Labor Code section 3600(a)(9).
From the decision · page 5The Applicant, Michael the applicant, on April 2, 2019, while employed as a police officer, Occupational Group Number 490, claims to have sustained injury while working out at the gym on the premises located at the City of Glendora Police Department, Glendora, CA. Applicant claims to have sustained injury arising out of and in the course of employment to his head, neck, right wrist, right shoulder, headaches, cardiovascular system, hypertension, and vision.