“It happened on my break.”

The personal comfort doctrine

An injury may be compensable where it occurs during an activity necessary for “personal comfort, convenience or welfare” — and the activity does not itself have to be job-related.

In Price v. WCABWCAB Workers’ Compensation Appeals Board. The court system that decides these cases. 23 district offices statewide. (1984) the test was framed as whether the act was “reasonably contemplated by the employment” — and the court stated that “doubts as to whether an act is reasonably contemplated by the employment are resolved in favor of the employee.”

Which covers, ordinarily: eating on the premises · using the restroom · getting water or coffee · stretching · stepping outside briefly · walking to and from the break area · using employer-provided facilities.

What matters more than “on the clock”

Whether you were on the premises, or in an area the employer controls — including parking lots, walkways, and stairwells. The premises line.

Whether the activity served your comfort or welfare in a way the employment reasonably contemplates.

Whether you were on call or available, which extends coverage further.

And whether the employer benefited — an on-premises meal that keeps you available is not the same as leaving the area entirely for a personal errand.

Where it usually is not covered

A purely personal errand off the premises, unconnected to any work duty.

A deviation for a personal purpose that had ended the work connection at the time of injury.

And voluntary off-duty recreational, social or athletic activity — excluded by § 3600(a)(9) unless it was a reasonable expectancy of the employment. More.

And if you were working from home

The same doctrine applies, and the analysis turns on whether you were on call, whether the activity was a duty imposed by the employer, and whether your account is credible and unrebutted. More.