## Facts

- Marilyn Ezzy worked as a law clerk for a law firm that fielded a team in a coed softball league largely composed of similar firms.
- The league required teams to have both men and women and imposed a forfeit if fewer than four women appeared for a game.
- During a league game, Ezzy injured the little finger of her right hand while attempting to catch a fly ball.
- A firm partner coached the team; participation was described by the firm as voluntary, with sign-ups and no formal discipline for nonparticipation.
- The firm substantially sponsored and supported the team, including paying for equipment and refreshments, distributing firm-branded T-shirts to all employees (players and non-players), circulating game and practice reminders, and hosting an awards banquet for all employees.
- Ezzy testified she felt “drafted” to play and believed, as a female employee, that participation was expected given the league’s minimum-women requirement and the firm’s emphasis on the team.
- The firm did not post or communicate the administrative rule addressing noncompensability for certain off-duty recreational activities.

## Issues

1. Whether an injury during an employer-sponsored recreational softball game arose out of and in the course of employment when participation was formally voluntary but reasonably perceived by the employee as expected.
2. What standard governs compensability for injuries occurring during off-duty recreational activities connected to the workplace.

## Decision

- The Court of Appeal reversed/annulled the Workers’ Compensation Appeals Board decision denying benefits.
- The court held the injury arose out of and in the course of employment and was compensable.
- The court found Ezzy genuinely believed participation was expected and that her belief was objectively reasonable under the circumstances.

## Legal Principles

- Injuries during employer-sponsored recreational activities may be compensable when participation is an incident of employment rather than a purely voluntary personal pursuit.
- The compensability inquiry turns on a two-part test:
  - the employee’s subjective belief that participation was expected by the employer; and
  - whether that belief was objectively reasonable based on the totality of circumstances.
- In assessing objective reasonableness, relevant circumstances include employer sponsorship and involvement, employer communications and encouragement, conditions that create practical pressure to participate (including team requirements), and whether employees were clearly informed participation was strictly voluntary and nonindustrial.

## Conclusion

The court ruled that employer-sponsored recreation labeled “voluntary” can still fall within the course of employment when the employer’s conduct and surrounding conditions create an objectively reasonable expectation that the employee should participate.


Ezzy v. Workers' Comp. Appeals Bd., 146 Cal. App. 3d 252 (Cal. Ct. App. 1983)