What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed by defendant and denied by the WCAB panel after review of the WCJ report.
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 had a reasonable belief that going to the gym was expected by the employer and that belief was objectively reasonable, supported by testimony and facts that officers are required to maintain physical fitness and the gym was paid for by the employer.
From the decision · page 4The matter proceeded to trial on June 15, 2023, with applicant and Captain Eric Smith testifying. The sole issue for trial was whether applicant catching covid-19 while out on administrative leave at 24 Hour Fitness, was AOE/COE.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant was on paid administrative leave and required to maintain physical fitness, with gym access paid for by employer but police gym inaccessible due to leave status.