Court: Workers' Comp Justified Over Kickball Game

Employee got injured at company game, can collect

By Newser Editors and Wire Services

Posted Aug 27, 2014 5:37 PM CDT | Updated Aug 27, 2014 6:00 PM CDT
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(Newser) – If the company softball or kickball game gets a little too violent, the South Carolina Supreme Court says you may be entitled to workers' compensation. The court today ruled that Stephen Whigham, who was injured in his firm's 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.

During the 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.

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