Laeng v. Workmen's Compensation Appeals Board

*774Opinion

TOBRINER, J.

While participating in the “obstacle course” phase of a physical agility test conducted by the City of Covina as part of a “tryout” competition for the position of “refuse crew worker,” petitioner John Laeng fell from a raised, horizontal telephone pole and severely fractured his right foot. Laeng sought compensation for his injuries under the Workmen’s Compensation Act, but the referee, although sympathetic to the “equities” of Laeng’s claim, concluded that the claimant was precluded from a workmen’s compensation recovery since, at the time of the injury, he had not yet…