Out of Bounds for Workers Compensation: Richmond, VA – A Frito-Lay forklift driver who tore his Achilles tendon during a company basketball game won’t receive workers’ compensation benefits, as ruled by the Virginia Workers’ Compensation Commission (VWCC). The commission determined that his voluntary participation in an off-duty, off-premises event does not meet the legal requirements for coverage.
Why the Workers’ Comp Claim Was Denied
Under Virginia workers’ compensation law, injuries are only compensable if they occur “in the course of employment.” The law excludes injuries from voluntary, employer-sponsored recreational activities that are not part of an employee’s job duties.
The VWCC applies three key principles to determine if a recreational activity qualifies as work-related:
- The event takes place on company premises during a work break or as part of regular duties.
- The employer requires or strongly encourages participation, making it an extension of employment.
- The company benefits significantly from the event beyond just boosting morale.
In this case, the basketball tournament failed to meet these conditions.
Frito-Lay’s Role in the Tournament
Frito-Lay covered the entry fees for two teams and posted sign-up sheets at its warehouse. Employees with basketball experience were chosen to participate. While some players felt a sense of pride, the company did not require participation, sponsor the event, or offer compensation.
Additionally:
- The tournament was not held on company premises.
- Players provided their own transportation and received no reimbursement.
- The claimant used paid vacation days to compete.
- Frito-Lay did not supply jerseys, equipment, or food.
Employee Morale and Public Relations: Not Enough for Compensation
The commission also ruled that the event did not significantly impact employee morale. Out of 500 employees, only a few participated. Furthermore, the primary beneficiary of the tournament was a local free clinic, not the company itself.
Although positive public relations may have been a factor, it did not make the tournament a core part of employment. Since participation was completely voluntary, the claim fell out of bounds for workers’ compensation.
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