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Price v. Industrial Claim Appeals Office6/17/1996
e in which he was to engage. The DOC certainly did not instruct Price to hang upside-down from a chin-up bar in his home.
To some extent, the DOC stood to benefit from Price's exercise program as such would provide DOC with a physically fit employee. However, fitness was a qualification of Price's employment in the first place and we thus do not give this factor very much weight in this case. As the Oregon Court of Appeals stated in a similar case, the critical fact is that the risk of injury from claimant's physical conditioning program did not arise out of but rather was a condition to or qualification for the employment. Claimant's employment contract requires that he maintain himself in good physical condition and establishes objective criteria in terms of weight and a biennial physical for measuring that qualification. The employer does not prescribe what police officers must do to satisfy those criteria. The employee assumes the responsibility for, and correspondingly any attendant risk of, meeting the job qualifications. He may follow a program of careful diet and walking, or engage in vigorous contact sports. In either event, the activity and any injury resulting therefrom is neither in the course of nor does it arise out of the employment. Haugen v. State Accident Ins. Fund, 37 Ore. App. 601, 588 P.2d 77, 79 (Or. Ct. App. 1978). The reasoning of the Haugen court is sound and applies to the facts before us. We therefore hold that the court of appeals correctly ruled that Price's injury occurring on July 3, 1988, is not a compensable injury under the Workers' Compensation Act.
Turning next to Eltrich's injuries, we observe that Eltrich also fails the first two factors of the test: her injuries occurred off-duty and off the premises of her employer. Eltrich is unable to make a strong enough showing on the remaining factors in order to prevail in her case. Arguably, Eltrich makes a stronger showing on employer initiative than did Price, as she undertook her exercise program pursuant to direct orders from her superiors that she pass a required physical examination. However, as in the Price case, Eltrich's employer exerted no control over Eltrich's exercise program. The Department furnished none of the equipment involved in Eltrich's exercise program, and did not direct Eltrich as to the type of exercise in which she was to engage.
As was the case with Price's employer, Eltrich's employer stood to benefit from Eltrich's exercise program as such would provide the Department with a physically fit employee. However, fitness was a qualification of Eltrich's employment as a police officer, and as stated above, we therefore do not give this factor much weight. We thus hold that the court of appeals correctly ruled that Eltrich's injuries are not a compensable injury under the Workers' Compensation Act.
III.
Based on the foregoing reasoning, we hold that neither Price nor Eltrich is eligible for compensation pursuant to the Workers' Compensation Act. We thus affirm the judgments of the court of appeals.
Disposition
JUDGMENT AFFIRMED
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