Greedy Trial Lawyer
No More Mr. Nice Guy At Work In Tennessee
Category: In Your Face
The Tennessee Supreme Court apparently believes that any injury incurred by a worker in an activity voluntarily undertaken is not covered by Worker's Compensation. Well, Tennessee employees, be darn sure you have been given a direct order by a supervisor before your fanny leaves your seat. No more Mr. Nice Guy around the office.
I suspect the fact that the injury to Phyllis A. Young happened in a three-legged race on a company picnic blinded the Court to the reality that many activities which benefit an employer are voluntary in nature. It was probably the visualization of the worker hopping across a grassy field on a beautiful day that caused the Court to declare that volunteerism in the pursuit of employment security is no virtue in Tennessee. If Ms. Young were stationed voluntarily at the registration table for the company picniic and were killed by a bolt of lightning the result may have been different.
The story from KNOXVILLE:
A woman injured in the three-legged race at her company picnic isn't entitled to worker's compensation, the state Supreme Court said in a ruling that sets new standards for determining when such activities are covered."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," Justice E. Riley Anderson said in the 4-0 ruling that overturned a lower court's decision.
The worker's comp claim was filed against Knoxville television maker Taylor-White LLC by employee Phyllis A. Young, who hurt her shoulder at the company picnic on Sept. 14, 2002.
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