Workers’ Compensation: Kickball injury arose out of and in the course of employment
In a 3-2 decision, the South Carolina Supreme Court reversed a decision of the Workers’ Compensation Commission today and held that the claimant was entitled to workers’ compensation benefits for injuries he sustained during a kickball game. The court found that because claimant organized the game as a company “team building event” that claimant was “impliedly required to attend” as part of his professional duties, and because claimant’s employer authorized claimant to spend $440 in company funds to promote and encourage attendance at the event, claimant’s injury arose out of his employment as a matter of law. Whingham v. Jackson Dawson Commc’ns, Op. No. 27440 (S.C. Aug. 27, 2014) (Shearouse Adv. Sh. No. 34).