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Price v. Industrial Claim Appeals Office6/17/1996
EN BANC
We granted certiorari to review the decisions of the court of appeals in Price v. Industrial Claim Appeals Office, No. 94CA0555 (Colo. App. Apr. 20, 1995), and City of Northglenn v. Eltrich, No. 94CA1328 (Colo. App. June 29, 1995). In both cases, the court of appeals held that the respective claimants' injuries are not compensable under the Colorado Workers' Compensation Act, ยงยง 8-4-101 to 8-47-209, 3B C.R.S. (1995 Supp.). We affirm the judgment of the court of appeals.
I.
Price
The Colorado Department of Corrections (DOC) employed petitioner Max Price (Price) as a prison guard. While hanging upside down from a chin-up bar in his home on July 3, 1988, Price fell and landed on his neck, causing him injury . At a hearing before an Administrative Law Judge (ALJ), Price testified that prior to the injury, his supervisor had told him that in order to retain his job and opportunities for promotion, he would be required to lose some weight. Price's supervisor also provided him with a copy of the DOC's regulations, which provide that DOC employees have the responsibility to maintain the physical condition necessary to perform the duties of their positions. Price further testified that it was as the result of these communications from his supervisor that he was exercising on the chin-up bar at home when the injury occurred.
Price subsequently filed a workers' compensation claim in order to obtain compensation for this injury . After a hearing, the ALJ held that the injury was not compensable because Price's injury did not arise "out of and in the course of the employee's employment." The ALJ further stated:
Respondent Colorado Department of Corrections should not be held liable for benefits where Claimant was free to choose not only the type of physical exercise that he engaged in, but where, when, and how frequently he performed those exercises. To affirm an award of benefits would allow Claimant to choose highly dangerous exercise activities under the guise of job -related physical fitness. ALJ Order dated May 27, 1993, at 14-15. The ALJ thus concluded that Price's July 3, 1988 injury did not result in a compensable injury. The Industrial Claims Appeals Office (ICAO) affirmed. Price subsequently appealed to the Colorado Court of Appeals, which affirmed the ICAO, holding that "the specific exercise program was not sufficiently controlled by the employer for the resulting injury to be compensable." Price, No. 94CA0555, slip op. at 5.
Eltrich
The City of Northglenn, Colorado, employed petitioner Jeannine Eltrich (Eltrich) as a police officer. In 1990, the Northglenn Police Department (the Department) instituted a physical fitness program (the program) which required that all police officers maintain certain fitness levels. The program required that all officers take a physical fitness examination every three months to verify that they continue to meet the appropriate standards.
In June of 1991, Eltrich failed the running portion of the physical fitness examination. At a hearing before an ALJ, Eltrich testified that after failing the test, one of her supervisors warned her that she had "better run the next one." At this time, Eltrich testified, she felt that the Department was about to take disciplinary action against her. Evidence was also presented at the hearing that Eltrich smoked two packs of cigarettes a day. In an attempt to improve her cardiovascular system to the extent necessary to comply with the Department's fitness requirements, Eltrich began to ride her bicycle during her off-duty hours. On June 14, 1991, Eltrich fell from her bicycle and suffered injuries while rid
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