During a break near the workplace, an employee's claim isn’t reported; an applicant’s attorney asks why benefits haven’t been paid. On what basis should the employer have reported the injury?

• A. The employer should have reported it because the employee reported the claim
• B. The employer should have reported it because any injury is compensable
• C. The employer should have reported it because the employee was receiving wages during the break
• D. The employer should have reported it because the off-premise breaks were customary and had the approval of the employer

Answer: (D)

The event is reportable because it occurred during an authorized, customary break. In California workers’ compensation, an injury is considered to arise in the course of employment if it happens while the employee is performing work-related activities or during times the employer has approved as part of the workday. Even though the break was off the premises, if the breaks were customary and approved by the employer, the employee remains in the employment relationship and the injury is still within the course of employment. Therefore the employer should have reported the injury to the workers’ compensation carrier to ensure timely benefits. This isn’t about any injury being compensable or about wages during the break; it’s about whether the break is authorized and customary, keeping the incident within employment.