Illinois employee wins benefis for injury sustained at company party
The Illinois Workers' Compensation Commission held that the claimant was entitled to benefits for injuries sutained while attending the employer's holiday bowling party.
Case name: Bougart v. Capmark Financial Inc., 17 ILWCLLLLB 120 (Ill.W.C.Comm.2009)
Bougart, an assistant vice president for the defendant, was injured during a Christmas bowling party. In awarding benefits, the arbitrator found Bougart credibly testified that she received subtle pressure to attend the event. The arbitrator also relied on the testimony of two coworkers in finding that attendance at the party was encouraged and, at the very minimum, there was subtle pressure to attend. Furthermore, the arbitrator determined that the defendant derived a benefit from having the party. Based on this evidence, the arbitrator found Bougart's injury arose out of and in the course of her employment.
The testimony established that the defendant organized and paid all the expenses for the holiday party, including the expenses of participants, such as cab fare. A coworker credibly testified that the purpose of the party was to "build up relationships with everyone." These facts support a finding that there was a significant, if not tangible, benefit to the defendant.
Bougart testified that she and her coworkers felt they had no choice but to attend the party. A coworker recalled a conversation with a supervisor which he understood to mean that he was expected to attend the party. Another coworker testified that it was his understanding that attendance was compulsory.
In awarding benefits, the arbitrator found Bougart sustained a loss of use of the person as a whole to the extent of 17.5 percent, loss of use of the left leg to the extent of 5 percent and medical expenses of $32,962.00
Upon review, the Illinois Workers' Compensation Commission affirmed and adopted the decision of the arbitrator.
