Could ‘Bicycle Barbie’ Pedal Her Way to Workers’ Comp after Halloween Mishap?

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An injury an employee sustains at a mandatory workplace event is typically compensable. But what happens if the event is accompanied by a voluntary activity? Can an employee hurt during that voluntary part of the activity obtain workers’ compensation benefits? A case involving an admissions office worker injured during a costume contest sheds light on the topic.

Several times a year, the university held mandatory employee meetings called Bluejay Buzz. The Halloween version, known as BOOjay Buzz, included the usual university updates along with an optional costume contest. The employee, known around campus as the "bike girl," managed the university's student bicycle loan program.  

For the 2023 event, the employee's department selected a Barbie and Ken theme. She assembled a Bicycle Barbie costume, complete with a pink helmet, jersey, socks, and a bicycle from the loan program.

After the meeting's announcements concluded, the university president invited employees who wanted to participate in the costume contest to come forward. The employee retrieved her bicycle and began riding it through an area containing people, tables, and chairs. The bicycle slipped from underneath her, causing her to fall and fracture her ankle.

The employee filed a workers' compensation claim, but an arbitrator denied benefits, finding that she was injured while participating in a voluntary recreational activity. The Illinois Workers' Compensation Commission affirmed, and the employee appealed.

In Illinois and other states, injuries sustained during voluntary recreational programs generally are not compensable. However, the exclusion does not apply when an employer orders an employee to participate.

Was the employee's injury compensable?

A. Yes. Because the university required employees to attend BOOjay Buzz, injuries sustained during the event arose out of and in the course of employment, even if the employee voluntarily participated in the costume contest.

B. No. Although attendance at the meeting was mandatory, participating in the costume contest was voluntary.

If you selected B, you agreed with the court in Mirretti v. Illinois Workers' Compensation Commission, No. 3-26-0126WC (Ill. App. Ct. 10/13/26), which ruled that the employee's injury was not compensable.

The court acknowledged that the workers’ compensation statute does not clearly address an event combining mandatory business activities with voluntary recreational activities.

The court observed that although attendance at the entire BOOjay Buzz event was required, participation in the costume contest component of the event was entirely optional. Importantly, the employee was not injured merely while attending the mandatory meeting. She was injured while participating in the costume contest. The Commission reasonably interpreted the statute to exclude injuries sustained during the voluntary recreational portion of the event.

It affirmed the denial of workers' compensation benefits.

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