Hansen Dordell

  • Facebook
  • Linkedin
  • Twitter
  • YouTube
  • Home
  • About Us
    • Firm History
  • Our Services
    • For Insurance Companies
    • For Businesses
    • For Individuals
    • Mediation and Arbitration
  • Our Team
  • Resources
    • All Resources
    • MN Workers’ Compensation Quick Reference Guide
    • WI Workers’ Compensation Quick Reference Guide
  • Blog
  • Contact Us

Could a Laser Tag Injury be Compensable Under Work Comp?

February 22, 2016 By Hansen Dordell

Laser Tag

In Shire, the Court addressed two issues related to the exception contained in Minn. Stat. § 176.021, subd. 9, a provision providing employers with protection for injuries that occur at work-sponsored recreational events. The exception, in sum, provides that injuries occurring during “voluntary recreational programs” are not covered because they “do not arise out of and in the course of the employment.” The first issue addressed by the court was whether the event in this case was attended voluntarily by the employee. A second issue was whether the activity was a separate “program” for purposes of the exception.

In this case, the employee, as with all the other full-time employees, was encouraged to attend a work-sponsored employee-recognition event, slated to occur during the last 3 hours of the work day. The handbook informed employees that such events were “voluntary.” The event included a dinner with optional bowling and laser tag as well. The employee was told that he would, if he chose not to attend, need to request to use sick pay for the last three hours of the day or go without pay. It appears, from the Court’s review of the record before the compensation judge, that employees were not afforded the opportunity to simply remain at work.

On the issue of “voluntary,” the Court adopted the following definition for purposes of this subdivision within the statute: “acting of oneself: not constrained, impelled, or influenced by another.” As a result, the fact that there would potentially be a loss of pay or sick leave, were the employee to have elected to abstain from the party, the decision to attend was deemed involuntary and “constrained.” With regard to the sub-activity of “laser tag,” the Court determined that any and all separate activities during an event are all inseparable from the larger “program” contemplated by the statute.

Justice Anderson’s dissent focussed on the other definitions of “voluntary” and opined that a less restrictive definition permissive of some degree of incentive or disincentive would have been more practical. As the employer fully admitted, their goal was to incentivize attendance at the “employee-recognition event.” Unfortunately, that incentive was enough to eliminate the possibility of relying on subdivision 9 for relief.

Going forward, employers need to consider the circumstances in which sponsored programs occur. Options include offering employees the chance to continue working as well as the freedom not to attend without loss of pay or sick leave. As for the laser tag, employers should remember that any individual activity is still part of the larger “program” and should choose their recreational activities wisely.

If you have any questions about whether injuries are covered by workers’ compensation in Minnesota, please feel free to call or e-mail any one of our many experienced attorneys – www.HansenDordell.com / 651-482-8900.


 

Logo-Banner-70th-AnniversaryIn 2016, Hansen Dordell is celebrating 70 years of excellence. Founded in 1946, the firm’s reputation for innovation, civility, and integrity endures to the present day. We thank our attorneys and our clients for their dedication and trust, and look forward to many more years of service.

Filed Under: Attorney Articles, Blog Posts, For Individuals, Personal Injury, Workers Compensation Mediation, Workers Compensation- Individuals, Workers Compensation- Insurance

Categories

Recent Blog Posts

  • Handling Claims with Out-of-State Injuries
  • That Dog Won’t Hunt
  • Medical Malpractice Cap Unconstitutional…For Now
  • Workers’ Compensation Update: Minnesota Supreme Court Addresses Idiopathic Injury Defense
  • Legislative Changes to Workers’ Compensation Statute

Blog Archives


Hansen Dordell

  • 3900 Northwoods Drive, Suite 250
    St. Paul, MN 55112
    http://hansendordell.com
  • Phone: 651-482-8900

Recent Posts

  • Handling Claims with Out-of-State Injuries
  • That Dog Won’t Hunt
  • Medical Malpractice Cap Unconstitutional…For Now
  • Workers’ Compensation Update: Minnesota Supreme Court Addresses Idiopathic Injury Defense

Looking for Something?

  • Facebook
  • Linkedin
  • Twitter

Copyright © 2018 Hansen Dordell · Law Firm Marketing by Professional Services Marketing · Log in