Here’s What Happened
A high school teacher was injured when she slipped and fell from a bleacher while attending a state convention of the Beta Club, a national scholastic honor society. She contended her injuries arose out of and in the course of her employment. Her employer disagreed, noting that the teacher’s presence at the gathering was totally voluntary, that she was not required to serve as the high school club’s faculty adviser, that serving as adviser and attending the convention did not maintain or advance the teacher’s certification, and that the employer received no specific benefit from her attendance.
Should the teacher recover workers’ compensation benefits for her volunteer activities?
How Did the Court Rule?
In Clark County Bd. of Educ. v. Jacobs, [2008-SC-000222-WC] (February 19, 2009), the Supreme Court of Kentucky affirmed a ruling of state’s court of appeals that, in turn, approved the Worker’s Compensation Board’s award of benefits. At issue was whether the teacher was “otherwise serving the employer’s interests” at the time of the injury. The high court acknowledged that the injury occurred outside normal school hours and off school property and further indicated that self-improvement activities generally are outside the scope of the employment. Citing Larson’s Workers’ Compensation Law, ch. 27, §§ 27.01, et seq., the court observed, however, that the teacher’s attendance need not have been required in order to bring it within the employment. Here the school’s Beta Club was required to have an adviser and the teacher served in that capacity. She was not required to give up her pay on the days she attended the state convention. Not only did the school principal approve the formation of the school’s Beta Club and its trip to the convention, students who attended were excused from classes. The court also indicated that the teacher’s activities and the existence of the Beta Club assisted the employer in its overall mission of educating students. Considering all these factors, the teacher’s injuries occurred within the course and scope of the employment.
See generally Larson’s Workers’ Compensation Law § 27.03.
Tom Robinson, J.D. is the primary upkeep writer for Larson’s Workers’ Compensation Law (LexisNexis) and Larson’s Workers’ Compensation, Desk Edition (LexisNexis). He is a contributing writer for California Compensation Cases (LexisNexis) and Benefits Review Board – Longshore Reporter(LexisNexis), and is a contributing author to New York Workers’ Compensation Handbook(LexisNexis). Attorney Robinson is an authority in the area of workers’ compensation and we are happy to have him as a Guest Contributor to Workers’ Comp Kit Blog. Tom can be reached at: [email protected].
http://law.lexisnexis.com/practiceareas/Workers-Compensation
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WC 101 for the basics about workers comp. www.ReduceYourWorkersComp.com/workers_comp.php
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