Disability Law

Illinois Employee's Injuries Sustained at Company Picnic Were Not Compensable

By Michael Progar

The employee was paid his regular salary for the entire day. He was free to attend the picnic for half of the day and work the other half, or not attend the picnic and work the entire day. The employee was required to notify the employer about a week before whether he would attend the picnic, so that the employer could arrange for an orderly production process on the employee's machine for that day. Although the employer encouraged employees to attend the picnic, they were not required to do so and there were no repercussions for not attending.

The employee argued at trial that he had been "assigned" by his employer to attend the picnic, so that his injuries arose out of and in the course of his employment. The Commission disagreed, distinguishing Woodrum v. Industrial Commission, 336 Ill. App. 3d 561, 783 N.E.2d 1072 (2003). In Woodrum, the employee had to choose between attending the picnic or losing his pay for the day. Thus, the employer had effectively substituted the company picnic for the employee's regular job assignment. In contrast, the employer in Gooden simply made the picnic an option for the employees, and the employee would not lose either pay or a vacation day if he chose not to attend.

Full post as published by Doherty & Progar Workers' Comp on January 26, 2007 (boomark / email).