Compensation for Licensed Jockeys Injury
In In re John B. Heath, Bd. of Indus. Ins. Appeals No. 68742 (Nov. 1, 1985) and In re Rick L. Obrist, Bd. of Indus. Ins. Appeals No. 68775 (Nov. 1, 1985) ,the injured persons were licensed jockeys, but they were injured while running horses through training regimens.
The BIIA recognized licensed jockeys often engage in different types of employment depending on whether they are preparing a horse to ride in a race (the function of a jockey) or whether they are running a horse through a required regimen to keep the horse in racing condition (the function of an exercise rider).
The BIIA acknowledged exercise riders and jockeys share many common duties, but it drew a distinction by looking to the standard employment practices in the horse industry.
Drawing this distinction, the BIIA explained:
Both have the responsibility of exercising and training a horse for racing. Up to two days before a race meet the exercise boy's responsibility is to provide a daily exercise regimen by galloping the horse.
The horse is then "breezed" for the last two days. Normally the jockey only prepares the horse an hour before the race meet. Heath, slip op. at 2; Obrist, slip op. at 3.
The BIIA concluded even if a rider was a licensed jockey, if he or she was being paid separately to exercise a horse as part of its training regimen then the rider was an exercise rider for purpose of collecting workers' compensation.