Managing Employee Injuries and Disability and Occupational Safety

Sample Acknowledgment – Participation in Athletic Event Participation by employees of the City of ________________ in (describe activity) is strictly voluntary . No City employee is expected to participate in (describe activity), and participation in (describe activity) is not a part of any City employee’s work-related duties. The City will not be liable for the payment of workers’ compensation benefits for any injury which arises from participation in (describe activity).

I acknowledge receipt of this notice.

Date:

Signature of Employee

i. Personal Comfort and Convenience Employees who are injured while engaged in activities aimed at their personal comfort, e.g., drinking, eating, resting, smoking, using toilet facilities, etc., generally enjoy compensation coverage if their activities bear a necessary relationship to their employment. However, off- premise activities, unless done with the employer’s knowledge and consent, for a work-related purpose, are not compensable. 28 j. Bunkhouse Rule An employer may provide housing for employees either because of the nature of the job or because of difficulty in obtaining a work force. Any injury arising while an employee is making reasonable use of the premises is deemed to arise out of employment, even if the activity is purely personal or is outside of normal working hours. 29

D. C ATEGORIES OF I NJURIES

1. S PECIFIC

A specific injury is one which occurs as the result of one incident or exposure which causes a disability or the need for medical treatment. Labor Code Section 3208.1.

2. C UMULATIVE Cumulative injuries are those occurring as a result of repetitive mentally or physically traumatic activities extending over a period of time, the combined effect of which causes a disability or need for medical treatment. Labor Code Section 3208.1. The date of a cumulative injury is the date that the condition first causes disability, and on which the employee knows or should have known that the disability was caused by employment. Labor Code Section 5412. The term trauma refers to injuries caused by the application of force, including blows, falls, cuts, twists or strains which result in physical damage to the body. Cumulative trauma refers to the gradual onset of damage to the body caused by repeated activities, either successive injury or repetitive acts resulting in injury. Cumulative trauma cases are equated to occupational disease cases for

Managing Employee Injuries, Disability and Occupational Safety ©2019 (s) Liebert Cassidy Whitmore 26