I.C. No. C12345, ANTHONY BELL, Employee/Plaintiff v. SAFE PLACE CHILDREN’S HOME, Employer/Defendant.
PLAINTIFF’S BRIEF TO DEPUTY COMMISSIONER JANE C. DOE
Plaintiff, Anthony Bell, requests the Industrial Commission of North Carolina to award Workers’ Compensation for the injury to his right rotator cuff sustained at the mandatory annual picnic held by his employer Safe Place Children’s Home, the defendant. The defendant denied his initial claim. Plaintiffs are entitled to Workers’ Compensation when the injury is caused by an accident and the injury is sustained in the course and scope of employment. This claim has no procedural history.
I. The Industrial Commission Should Award Workers’ Compensation For Mr. Bell Because A Football Accident Caused His Injury And The Injury Arose Out Of The Course And Scope Of His Employment With Safe Place Children’s Home (SPCH).
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Bell’s participation in the annual picnic where he injured his rotator cuff. (Bell Ex. 1.) An accident arises out of and in the scope of employment when it emerges while the employee participates in an activity which is intended to directly or indirectly help the employer’s business. Perry, 136 S.E.2d at 646. In Holliday, the defendant employer organized recreational activities for the employees as a way to team build and to get acquainted with other employees from different offices. Holliday, 775 S.E.2d at 891. The courts concluded that the employer received a business benefit from the social event as a whole. Id at 894. The employer also benefited from the activity because of the interactions between the employees and the level of team building and networking that occurred as a result of bonding from the activity of laser tag and/or bowling. Id.
Thus, the Commission found that the activity where the plaintiff injured himself served a business purpose for the employer.