Calumet School District # 132 v. Illinois Workers’ Compensation Comm’n

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2016 IL App (1st) 153034WC
Decision Date: 
Thursday, November 10, 2016
District: 
1st Dist.
Division/County: 
Cook Co., WC Div.
Holding: 
Reversed.
Justice: 
STEWART

 Middle school science teacher filed claim for workers' compensation benefits for accidental injury he sustained while participating in a student/teacher basketball game in school gym after school. (Teacher went up for jump shot, and student ran between his legs, causing him to spin and fall on his left arm.) Evidence presented at arbitration hearing showed that teacher was not a basketball player and did not want to participate, but principal repeatedly pressured him to do so, and teacher was concerned that his performance review and prospect for being hired the next year might be negatively impacted unless he participated in games; and teacher considered attendance and participation in after-school activities with students a part of his job. Thus, teacher was not engaged in a "voluntary recreational program" under Section 11 of Workers' Compensation Act, and injury arose out of and in course of his employment.(HOLDRIDGE, HOFFMAN, HUDSON, and HARRIS, concurring.)