The employee worked as a math teacher and several of her students asked her to play basketball with them after school. The employee testified that the school principal and basketball coach gave her permission to participate in an after-school practice. While playing basketball, the employee tore her ACL during a rebounding drill.
The employee argued that, in order to be a successful teacher, she needs to build relationships and trust with her students because it increases student performance, grades, and makes for a well-rounded classroom. This particular school (STEAM program) utilizes project-based learning. She regularly played basketball and football with students at lunch/recess and extracurricular activity was encouraged by the principal.
The employer pointed out that the employee was not a coach of the basketball team, nor was she paid to participate in basketball practice, and she was not assigned or ordered to play. Playing was not part of any program provided to the employee as a benefit for her heath or fitness. There would have been no impact on the employee’s employment status had she not participated.
Minn. Stat. § 176.021, subd. 9 states: “Injuries incurred while participating in voluntary recreational programs sponsored by the employer, including health promotion programs, athletic events, parties, and picnics, do not arise out of and in the course of the employment even though the employer pays some or all of the cost of the program. This exclusion does not apply in the event that the injured employee was ordered or assigned by the employer to participate in the program.”
Comp Judge: Injury occurred in the course of her employment because she was injured at the school gym, thirty minutes after the end of the school day, and while building relationships with her students and furthering the school’s mission.
WCCA: Affirmed. The case does not fit within a circumstance contemplated by § 176.021 subd. 9. Rather, the basketball practice was for the benefit of the students, was part of the school’s curriculum, and furthered the school’s interests and mission. She was fulfilling the identical duties and responsibilities her employer expects of her in the classroom. A review of the totality of the circumstances in this case supports the compensation judge’s evidentiary inference that playing basketball with her students was an extension of the employee’s teaching duties and that the employee was injured while promoting student development.
Supreme Court: Affirmed, holding that half an hour after work is a reasonable amount of time for injury to still be in the course of employment. The fact that the employee was playing basketball with students was a benefit to the employer as they encouraged teachers to build relationships with students. This was not a wellness program as it was not a benefit to the employee personally but instead was a benefit to the employer.
