Labor & Employment Law

Workers' Comp Injury - From Your Wellness Program?

Yup.   Interesting discussion about Frank P. Torre v. Logic Technology, where the New York State Court of Appeals awarded Workers' Compensation benefits to an employee who was injured at the gym.  According to the folks at the Workers' Comp Insider:

On first glance, a case like this might seem open and shut. The employee was on his own time at the gym - the injury did not appear to arise out of and in the course of employment. But on closer examination, the court apparently determined that gym participation was furthering the employer's interest for the networking potential. (Is gym the new golf?) When it is determined that an employer has derived significant business benefit from an activity - such as interacting with clients and prospects - then an activity may be compensable.

They rightfully note that what will happen with all of our wellness program?  As more and more employers begin to sponsor these programs in an effort increase employee health (and to reduce medical claims), will injuries sustained be considered workers' compensation injuries?

Full post as published by Strategic HR Lawyer on July 22, 2009 (boomark / email).