Thursday
May
25
2017
10:09 pm
Weather
 
  Home
  Local News
  State / National / World
  Sports
  Opinion / Letters
  Business
  Arts / Entertainment
  Lifestyle
  Obituaries
  Calendar
  Submit Event
  Comics / Games
  Classifieds
  DJ Designers
  Archives
  Advertise With Us
  About Us
 
 
 
 
 
State court: Workers’ comp OK for kickball injury
August 28, 2014, 05:00 AM The Associated Press

COLUMBIA, S.C. — Have you ever been hurt in a company softball or kickball game? The South Carolina Supreme Court says you may be entitled to workers’ compensation.

On Wednesday, the court ruled that Stephen Whigham, who was injured in a company kickball game, is entitled to workers’ compensation benefits because he was required to attend the game as part of his job.

Whigham worked for Jackson Dawson Communications, a public relations firm. With the encouragement of his boss, he organized a kickball game as a team-building event for employees. He rented a facility and had T-shirts made.

During the Friday afternoon game, Whigham shattered two bones in his leg while trying to avoid being tagged out. He underwent two surgeries and has been told that he’ll ultimately need a knee replacement, according to court documents.

A hearing will be held to figure out how much Whigham should get.

Workers’ compensation commissioners initially denied Whigham’s claim, saying that he hadn’t been required to be at the game. An appeals court upheld that ruling, but the high court said Whigham had to be there because he organized the game, so it had become part of his job duties.

“Although the event may have been voluntary for company employees generally, the undisputed facts unequivocally indicate Whigham was expected to attend as part of his professional duties,” the court wrote.

Justices also pointed to testimony from Whigham’s boss, who said he would have been “surprised and shocked” if Whigham hadn’t showed up.

In a dissenting opinion, two justices wrote they would have upheld the commission’s decision to deny benefits because it wasn’t clear if Whigham had to attend the game. Even if he had to be there, those justices wrote that it wasn’t clear that he had to actually play.

 

 

Tags: whigham, court, workers, compensation, attend, wrote,


Other stories from today:

Lawmakers approve groundwater management bill
Ban on ‘gay panic defense’ heads to governor
Bill addresses watering in homeowner associations
 

 
Print this Page Print this Page  | 
<< Back
 
 
Return To Archives
 
  


 
 
 
Daily Journal Quick Poll
 
Development trends on the Peninsula ...

Are heading in the wrong direction
Don't include enough housing
Will be difficult to manage
Will change with the economy
Are heading in the right direction
Are causing me to want to leave

 

 
 
 
 
 
 
  
 
  
 
©2017 San Mateo Daily Journal
Redwood City news