Out-of-town worker can't prove injury occurred in course of employment

In Michigan, an injury that occurs while in the pursuit of an activity the major purpose of which is social or recreational is not covered under workers' compensation.

Case name: Decker v. Lakeshore Engineering Services, 25 MIWCLR 127 (Mich. W.C.A.C. 2011).

Ruling: The Michigan Workers' Compensation Appellate Commission reversed the magistrate's decision awarding benefits to an out-of-state employee who was injured while leaving his employer-paid motel room.

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What it means: In Michigan, an injury that occurs while in the pursuit of an activity the major purpose of which is social or recreational is not covered under workers' compensation.

Summary: An employer hired an out-of-state worker on a short-term basis and paid for his stay in a motel. The worker was injured when he was hit by the door of his motel room as he exited the room. The worker was going out to play horseshoes. The employer argued that he was not in the course of employment when he was injured. The commission agreed, finding that the injury was not compensable. The commission explained that an injury that occurred in the pursuit of an activity the major purpose of which is social or recreational is not covered under workers' compensation. Since the worker was in pursuit of a social activity when he was injured, he was not in the course of employment.

Read more at the WorkersComp Forum homepage.

December 12, 2011

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