Interoffice Memorandum
Attorney Work Product-Privileged
To: Partner
From: No. 736
Re: Sam Blaze v. City of San Diego
Date: December 4, 2012
Issue
Workers’ Compensation is a no-fault insurance system designed to compensate employees who are injured during the course of employment. Usually, a recreational activity is not covered, but if the activity is a reasonable expectancy of employment, an employee may receive benefits for a related injury. Sam Blaze, a firefighter, broke his leg when he ran in the Relay for the Cure, an annual firefighter charity event. Was the Relay a reasonable expectancy of Blaze’s employment? Brief Answer
Yes. The Relay was a reasonable expectancy of Blaze’s employment. Blaze’s boss directly encouraged Blaze to run, and Blaze’s employer was highly involved with the Relay because it was a station tradition. Blaze’s employer received a significant benefit from the Relay because it increased station morale, and Blaze helped the team because he was the best runner. Blaze was vulnerable to job pressures, which encouraged him to run. Blaze was pushing for a promotion, and running in the Relay showed management he was a team player.
Further, the Relay was a reasonable expectancy because Blaze was required to be physically fit. Blaze needed to pass an imminent fitness test, and he would have been fired if he failed the test twice. Also, Blaze needed to train off-duty for the test because of his unique work schedule. The Relay was related to the test because it simulated the test conditions.
Statement of Facts
Sam Blaze, a firefighter for the San Diego Metro (SDM) fire department, filed a Workers’ Compensation claim after he broke his leg at the annual Relay for the Cure. The Administrative Law Judge (ALJ) and the Workers’ Compensation Appeals Board (WCAB) denied Blaze’s claim for benefits. ALJ Order, Oct. 5, 2012; WCAB Order, Oct. 10, 2012. Blaze then filed Notice of Petition for Writ by the California Court of Appeals. Notice Pet. for Writ, Oct. 17, 2012.
Blaze began working for SDM eleven years ago, and he is currently a level three firefighter. Tr. 3:15. To be hired, SDM firefighters must pass annual fitness and writing tests, but the written test is used to determine promotions. Tr. 3:6-1. Blaze believes likability is also a major factor for promotions. Tr. 10:3. Blaze wants to be promoted soon because he believes he should be a higher rank, “at least a level 5.” Tr. 3:26. He blames his slow progress on his subpar written test scores, and at first, he was not social. Tr. 11:2.
Every year, the fitness test is administered on the second Saturday in September. Decl. 1:2. The test requires firefighters to sprint 400-yards while lugging a fire hose. Tr. 4:10. If a firefighter fails the test, he is fired, but after three years, firefighters are allowed one re-test. Decl. 1:3. Generally, SDM firefighters train for the test by running seven miles, six days a week. Tr. 4:10.
Firefighters work four days straight, and then have six days off. Tr. 4:1. They eat, sleep, exercise, and work together, twenty-four hours a day. Tr. 11:10-13. Their close proximity and life threatening situations produce a very tight team culture. For example, Captain Neon, the boss and team leader, is Blaze’s sons’ godfather. Tr. 5:16.
Since Blaze was hired, SDM has always fielded a team in the Relay. Tr. 4:15. Blaze ran in every Relay since he began working, except in 2007, when his father, a Battalion Chief firefighter, died from lung cancer. Tr. 5:5-7.
The Relay starts as a race between the local departments. Each department sends ten runners to compete. Tr. 6:18. The winning team receives a trophy, a featured story in the monthly firefighter newsletter, and “bragging rights” for a year. Tr. 5:18-20. Winning is an honor, and the departments are fiercely competitive in the race. Tr. 3:5.
After the Race, the departments gather for a barbeque. It is customary for off-duty firefighters, their families, and the “big
