 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Young v. Taylor-White10/20/2005
employee's injury sustained while playing softball on company team was not compensable).
In light of the principles discussed above, we decline to adopt the Larson test as a rule for resolving all cases involving recreational injuries. In our view, the voluntary nature of the activity, rather than the fact that the activity occurs on the employer's premises or provided a benefit to the employer, is the touchstone for determining whether the injury occurred during the course of employment.
The trial court and the parties correctly identified the issue in this case as whether Young's participation in the three-legged race at the picnic was voluntary or was impliedly required as part of her employment. The trial court, relying heavily on Segars, held that Young's participation was not voluntary, because she testified that the D.J. encouraged her to participate in the race. The trial court also reasoned that the $50.00 first prize, to be split between the two winners, was an inducement by Taylor-White to participate in the race.
Although the D.J. did encourage Young to participate in the race, neither mere encouragement nor the offer of a nominal cash prize is enough to transform what would otherwise be a voluntary activity into one within the course of employment. Young testified that she chose to attend the picnic and chose to participate in the race and that she did not feel compelled to do so. She testified that she understood that she was not required to participate in the picnic or the race; that attendance at the picnic and participation in the events was voluntary; and that there would be no employment consequences for declining to participate. Young's co-worker and friend, Bales, as well as Human Resources Specialist Cooper, also testified that attendance at the picnic was voluntary. The preponderance of the evidence therefore does not support the trial court's holding that Young's participation in the race was involuntary. To the contrary, the preponderance of the evidence shows that it was voluntary. Therefore, although Young's injury certainly arose out of her participation in the three-legged race, because the race was not within the course of her employment, the injury is not compensable.
Conclusion
After considering the applicable authority and the arguments of the parties, we reverse the judgment of the trial court awarding benefits to Young. We hold that the injury to her shoulder did not occur in the course of her employment with Taylor-White. Costs of the appeal shall be assessed to the appellee, Phyllis A. Young.
|