Illinois workers strikes out in attempt to obtain benefits for injury at bowling event
The Illinois Workers' Compensation Commission denied benefits to a worker who was injured during an employer-sponsored charity bowling event. The worker failed to prove by a preponderance of the evidence that she was injured in an accident that arose out of and in the course of her employment
Case name: Cramer v. Viacom Outdoor, 17 (ILWCLB 225 (Ill.W.C.Comm 2009).
Cramer, a sales assistant for the defendant, fractured her left arm at an employer-sponsored charity bowling event when she slipped and fell on a bowling lane. Cramer had workerd at the office until 1:30 p.m. and then departed for the event a a local bowling alley.
She was paid her regular wages for the time she attended the event. Evidence was presented by the defendant that if Cramer had not attended, she still would have been paid her regular wages, provided she performed her regular office duties.
Cramer testified that she felt pressured to attend the event. The human resources manager testified that employees were not ordered or assigned to attend the event. The arbitrator denied benefits pursuant to Secion 11 of the Illinois Workers' Compensation Act.
The exclusionary language in Section 11 does not apply in the event that the injured employee was ordered or assigned by the employer to participate in the recreational program. In this case, employees were encouraged to participate and support the event. Cramer testified she felt pressure to attend. However, there was no evidence that employees were ordered or assigned to attend the event. Indeed, the attendance record shows that 10 of the 36 employee staff did not sign up to attend the event although they did make a donation. There was no evidene presented that any of the employees who did not attend the event were disciplined or discriminated against in any way by the company. Additionally, there was no evidence of employer conduct from which the arbitrator could infer a "constructive elimination" of the empoloyee's choice of whether to participate in the event. The arbitrator concluded that the element of choice of whether to participate in the event remained with Cramer.
Upon review the Illinois Workers' Compensation Commissino affirmed and adopted the decision of the arbitrator.
