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).

Workers’ Compensation Kickball injury arose out of and in the course of employment