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Employee injured in the employer?s gym while practicing for a sports event not sponsored by the employer denied workers? compensation benefits

Employee injured in the employer?s gym while practicing for a sports event not sponsored by the employer denied workers? compensation benefits
Matter of Booth v New York State Dept. of Corrections, 2009 NY Slip Op 00272, Decided on January 22, 2009, Appellate Division, Third Department

Troy Booth, a correction officer at Arthur Kill Correctional, was injured while practicing basketball off-duty in the Arthur Kill?s gym while practicing for the "Department of Correction Olympics," an annual event involving correction officers and staff from the various correctional facilities around the state.

When Booth applied for workers? compensation benefits, the Workers' Compensation Board affirmed its Administrative Law Judge?s ruling disallowing Booth?s application for benefits on the grounds that the accident did not occur during an athletic event sponsored by the employer.

The Appellate Division agreed, holding that because Booth had participated in an event was neither required nor compensated by the employer. The court said that Booth?s injury would be compensable only if the employer overtly encouraged his participation in the activity.

Here both the team and event were organized by the employees. Participants, rather than Arthur Kill, were responsible for all related costs of the competition, including entry fees, transportation costs, hotel and meal expenses, and uniforms. Further, the court said that practices were held after work hours, and participants had to use personal leave time to be paid for the days spent at the competition.

In addition, the court found that Arthur Kill?s facilities were used as a matter of convenience for the competitors than because of any overt sponsorship of the event by Arthur Kill and Arthur Kill did not encourage its employees to participate in the ?Olympics.?

Finding that ?substantial evidence supports a finding that [Booth?s] injury did not arise out of and in the course of his employment,? the Appellate Division affirmed the Board's determination.

In contrast, in Beachy v Regan, 119 AD2d 967, the court ruled that a back injury suffered during practice for an employer-sponsored tug-of-war contest while the employee was ?on regular pay? was a work-related for the purposes of eligibility for accidental disability retirement benefits.

The full text of the decision is on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_00272.htm

Full post as published by New York Public Personnel Law on January 29, 2009 (boomark / email).