Bowling for Workers’ Comp Dollars
Bob Wilson at workerscompensation.com highlights a recent Florida decision that illustrates the complexity that can sometimes present itself in an otherwise straightforward workers’ comp case.
In a 2-1 decision this week, the Florida 1st District Court of Appeal overturned a decision that had denied benefits to an employee who was injured while bowling at a company event held during working hours. The question was ‘’whether the outing was a “recreational or social activity” or whether it was part of [employee’s] job.”
The woman, who worked in the company’s Accounts Payable department, dislocated her ankle during the outing. A Florida Judge of Compensation Claims originally ruled that the bowling event was a “recreational activity.” He appears to have based his decision in large part on her supervisor’s testimony, in which he said she was not required to take part in the bowling outing. The judge wrote in his finding for the employer, “As claimant was not expressly required to attend the off-premises bowling event in this case, compensability of her injury must be denied, regardless of whether she was paid for her attendance.”
In Texas, the result would probably be dictated by whether the employee’s participation in the activity was a reasonable expectancy of the employment or whether such participation was entirely voluntary. See Texas Division of Workers’ Compensation Appeals Panel Decision No. 041516.
FOLIO
