In Graham v La-Z-Boy Chair Company, 117 S.W.3d 182, (Mo. App. S.D. 2003), employer appealed a determination that employee was entitled to workers’ compensation benefits. Employee was injured while golfing at tournament sponsored by employer’s client. The Court of Appeals applied the “mutual benefits doctrine,” and determined that employee was not injured while participating in a “voluntary recreational activity.”
In Lane v Southern Dallas County Fire Protection District, (LIRC), 12/13/02, compensation denied to firefighter who was not required to participate in basketball game, off the premises, the employer not providing any compensation, wages and/or travel expenses, employee have total choice in participating. (ALJ Wilson)
In Ullrich v Olsten Temporary Services, Inj. No. 98-177018 (LIRC) 2002, the landlord of a multiple story building in Clayton offered all tenants the opportunity to use an exercise facility available to anyone in the building. It was voluntary, claimant went there on her unpaid lunch hour, personally paid a $10.00 deposit to the building management company, filled out a form for the building management company to get a key, and turned in the money and the form to the security station in the building. No permission was granted by the employer. Compensation denied since the activity was totally voluntary, no suggestion by the manager of his knowledge of the current facility in the building. In short, no nexus of employer participation. (ALJ Newcomb)