Legal Opinion

Kidwell v. Workers' Compensation Appeals Board

California Court of Appeal

Decided April 3, 1995No. A067258PublishedCited by 7 opinions

1Opinion of the Court

Opinion

KING, J.

In this case we are asked to determine whether an employee’s injury, which occurred while she was practicing at home to pass one of the protocols in an annual physical fitness test given by her employer, is compensable under this state’s workers’ compensation laws. We conclude the employee’s subjective belief, that as a condition of her employment, she was requried to practice for the test, is objectively reasonable. Thus, we annul the decision of the Workers’ Compensation Appeals Board (Board).

Facts and Procedural History

On March 28, 1993, petitioner employee Linda Burnett…

2Cases cited4 opinions

  1. Ezzy v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1983
  2. Wilson v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1987
  3. Meyer v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1984
  4. Taylor v. Workers' Compensation Appeals Board & City of BerkeleyCalifornia Court of Appeal · 1988

3Cited by7 opinions

  1. Vine v. Bear Valley Ski Co.California Court of Appeal · 2004
  2. City of Stockton v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2006
  3. Tomlin v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2008
  4. Hubbel v. Board of Trustees of the Fire & Police Employees' Retirement SystemCourt of Special Appeals of Maryland · 2010
  5. Young v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2014

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