MEMORANDUM IN SUPPORT OF ANTHONY BELL’S CLAIM FOR WORKERS COMPENSATION.
Anthony Bell, by and through his undersigned attorney, respectfully submits the following memorandum of law:
ISSUES PRESENTED
Can an employee receive workers’ compensation for an injury sustained at a mandated, social, work event when he attended an annual picnic organized by his employer, and got injured while participating in a game of football during the picnic?
Can an employee receive Workers Compensation for a recurring injury when he was injured in the same place as before but this time the injury was aggravated during the course and scope of his employment?
INTRODUCTION
Plaintiff, Anthony Bell was denied workers’ compensation by his employer, Safe Place Children’s Home, the defendant. He now requests that the Deputy Commissioner of the North Carolina Industrial Commission award him Workers’ Compensation for the injury to his right rotator cuff sustained at the mandatory annual picnic held by his employer because although it was a recurring injury, it was one that was aggravated by an accidental injury that arose out of and in the scope …show more content…
Bell workers’ compensation claim because his injury was sustained during a mandatory work-related event. Similar to Holliday, where attending the social event and participation in the recreational activities were compulsory, Mr. Bell attended the work picnic because he received an email from the director stating that he needed to be present at the picnic to boost morale and team build with other caregivers. (Ex. D). Since the court in Holliday instructed the Industrial Commission to award workers’ compensation to the plaintiff because his attendance to the event was compulsory and that meant his injuries arose out of and in the scope of employment, the Industrial Commission should for the same reason find a causal connection between his rotator cuff injury and his employment and award Mr. Bell workers’
Anthony Bell, by and through his undersigned attorney, respectfully submits the following memorandum of law:
ISSUES PRESENTED
Can an employee receive workers’ compensation for an injury sustained at a mandated, social, work event when he attended an annual picnic organized by his employer, and got injured while participating in a game of football during the picnic?
Can an employee receive Workers Compensation for a recurring injury when he was injured in the same place as before but this time the injury was aggravated during the course and scope of his employment?
INTRODUCTION
Plaintiff, Anthony Bell was denied workers’ compensation by his employer, Safe Place Children’s Home, the defendant. He now requests that the Deputy Commissioner of the North Carolina Industrial Commission award him Workers’ Compensation for the injury to his right rotator cuff sustained at the mandatory annual picnic held by his employer because although it was a recurring injury, it was one that was aggravated by an accidental injury that arose out of and in the scope …show more content…
Bell workers’ compensation claim because his injury was sustained during a mandatory work-related event. Similar to Holliday, where attending the social event and participation in the recreational activities were compulsory, Mr. Bell attended the work picnic because he received an email from the director stating that he needed to be present at the picnic to boost morale and team build with other caregivers. (Ex. D). Since the court in Holliday instructed the Industrial Commission to award workers’ compensation to the plaintiff because his attendance to the event was compulsory and that meant his injuries arose out of and in the scope of employment, the Industrial Commission should for the same reason find a causal connection between his rotator cuff injury and his employment and award Mr. Bell workers’