Delaware Judge Rejects Workers’ Comp for Paralegal’s Softball Injury

By | April 4, 2018

A Delaware judge says a paralegal injured while playing on his law firm’s softball team is not entitled to workers’ compensation.

The judge ruled late last week that Delaware’s Industrial Accident Board erred in concluding that William Weller ruptured his Achilles tendon during the course and scope of his work for Morris James, a Wilmington-based law firm.

Weller argued that Morris James employees were pressured into playing on the softball team. The judge said participation was voluntary and there was no evidence that playing softball was a job requirement.

The judge also said the board erred in concluding that Morris James received a substantial, direct benefit from its softball team in the way of increased productivity.

The firm said softball games were intended to boost employee health, morale and camaraderie.

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