Judge rules injury from employee softball game not compensable

A Superior Court of Delaware judge ruled that a law firm employee injured while playing on his law firm’s softball team in 2017 is not entitled to workers compensation because the game was voluntary and failed to benefit the law firm’s business practices, among other reasons cited in the ruling issued Thursday.

The judge found that Delaware’s Industrial Accident Board, which initially awarded the man workers compensation, erred in concluding that he ruptured his Achilles tendon during the course and scope of his work for Wilmington-based Morris James L.L.P., according to documents in Morris James L.L.P. v. William Weller.

The judge found unproven the board’s contention “that softball participation was an ‘employment related’ activity… pressure was put on employees to play, and… Morris James told (the employee) and one player who was injured previously to submit workers compensation claims,” according to court records.

In its appeal, the firm argued that the contention that a prior claim had been made from a softball injury suffered by another employee “was due to its prior insurance carrier's errors, and Morris James should not be bound by those mistakes,” court records state.

The attorney for the injured worker was unable to be reached for comment.