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Huanyu Sheet Music
Closed Memorandum 1
Office Officerr Peters Peterson on has a viable viable worker’ worker’ss compen compensat sation ion claim claim agains agains Berkel Berkeley ey Police Police Departm Department ent.. Office Officerr Peters Peterson on has a subjec subjectiv tivee belief belief tha
participation in the !" race was e#pecte$ by the employer an$ that belie
objectively reasonable. %herefore& the injury he sustaine$ in the !" race in$ arose out of an$ in the course of employment.
'or us to successfully sue$ the Berkeley Police Department for liability
the worker’ worker’ss compen compensat sation ion&& we must must prove prove (these (these activi activitie tiess are a reason reason
e#pect e#pectanc ancy y of& or are e#pres e#pressly sly or implie implie$ly $ly re)uir re)uire$ e$ by& by& the employ employme me +alifornia ,abor +o$e section -!!& sub$ivision /a0/10.
2t’s obvious that the
was not e#pressly or implie$ly re)uire$ by the employment. %herefore& we m
prove that Officer Peterson’s participation participation in the race is a reasonable e#pectanc the employment.
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Useful Not useful %he %he test test of (rea (reaso sona nabl blee e#pe e#pect ctan ancy cy of empl employ oyme ment nt** cons consist istss of
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registere$ for the race in our office yester$ay. %herefore& this analysis focuses Sheet Music
whether Officer Peterson’s belief is objectively reasonable. 2n 566y v. 7orkers’ +ompensation 8ppeals Boar$& 19 +al. :ptr. 1! 8pp. 1;-0& the court relies upon three factors of job
part
vulnerable to pressure to join the law firm’s softball team. 7hen she was urge You're a Preview play by the partner& who was also theReading team coach& it was reasonable for her to Unlock full access with a free trial.
that she was e#pecte$ to participate. Besi$es& there was relatively more pressure Download With Free Trial
female employees to participate since the league’s re)uirement that four wom
must be present on the fiel$ at all times. =oreover& the law firm pai$ for
Sign2t up to vote on this title e)uipment& t
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ha$ neither poste$ nor rea$ to its employees the contents of 8$minis Sheet Music
Director’s :ule 1;;-. 2t makes any action by the firm which ten$s to encour participation in softball game appear more coercive effect. ,ike 566y& Officer Peterson was also un$er job
participate the !" race. 7hen he was prompte$ to the special emergency respo
team& his imme$iate supervisor tol$ him that the physical re)uirement for the te
were more $eman$ing than those for regular patrol officers& an$ that off<$ e#ercise was typically necessary in or$er to pass the fitness test& which
re)uisite for remaining a member of the team. One of the re)uirements of the is
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Officer Peterson must run 4 miles in less that > minutes. %o stay in shape for Download With Free Trial
test& he sai$ he runs aroun$ a track several times weekly an$ participates in lo
!" races. 2t’s reasonable to say that both =s. 566y’s an$ Officer Peterso participation are out of job
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Useful Not useful However& the Berkeley Police Department’s involvement in the !" rac
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families. =eanwhile& the race was sche$ule$ for Peterson’s $ay off an$ he ha Sheet Music
$rive himself to the race. 8ll of mentione$ above in$icates the $etachment of Berkeley Police Department& more or less. ?onetheless& there is a signif
$ifference between !" race an$ softball game in essence. %he former $oe
nee$ much employer’s involvement& especially investment in e)uipm
Or$inarily& everyone is capable to get enough resource to participate in a !" ra ,ike 566y& there are obviously some benefits to the employer. Off
participation in the race facilities the community
Police Department to show its support for victims of $omestic violence. =oreo
You'repolice Reading a Preview also enter the race. 'or groups of officers from other area $epartments Unlock full access with a free trial.
previous three years& the 8lbany police officers won the team competition& Download With Free Trial
Berkeley coming in secon$ each time. Obviously& it woul$ bring enor
satisfaction to the entire $epartment once they won the race& which is implie$
to votehis on this title the fact that after Officer Peterson signe$ up forSign theuprace& supervisor pho Useful Not useful him to wish him luck an$ to urge him to (finally beat 8lbany after all these year
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statement& although the notice was poste$ on the bulletin boar$ in the lunchro Sheet Music
he ha$ never notice$ it before. %hus& we nee$ more information relate$ to spec circumstances un$er which the notice is poste$ to $etermine whether it was in accessible to the officers.
2n conclusion& Officer Peterson has a viable worker’s compensation cl against the Berkeley Police Department. He has a subjective belief th
participation in the race is e#pecte$ by the employer an$ that belief is objectiv
reasonable. 8ccor$ingly& the court woul$ likely hol$ that Peterson’s ankle inj arose out of an$ in the course of his employment with the Berkeley Department.
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