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Special Emergency Reaction Team (SERT)
John B. Wilson files a claim against the city of Modesto for injuries incurred while trying to get fit in order to qualify as a member of the special emergency reaction team (SERT). Wilson who was exercising outside of his working hours claimed that he got injured in the line of duty as he sought to be fit enough for the physical tests required for SERT membership four times a year. It was ruled that Wilson was hurt during non-working hours and that his decision to exercise was not part of his work schedule.
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This case affects U.S. companies and in effect suggests that a company should clearly outline activities and time during which a person is covered for injury compensation. Worst case scenario is that Wilson would not be compensated because joining SERT is considered a voluntary act. His exercise was therefore not in the line of duty. The best case scenario would be where Wilson is granted compensation based on the fact that he was injured while trying to be fit enough for SERT, which is part of his work.
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