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Bill 1500 Passed TN House

27 May, 2009 WorkersCompensation.com

                               
Nashville, TN (CompNewsNetwork) - Bill 1500 passed the Tennessee House. Bill 1500 states, "In order for an injury to be compensable under workers' compensation, present law generally requires that an injury must arise out of and in the course of an employee's employment. In Gooden v. Coors Technical Ceramic Company, 236 S.W.3d 151 (2007), the supreme court of Tennessee held that a fatal heart attack suffered by an employee during a voluntary basketball game played on the employer's premises during a work break was a compensable injury because the employer was aware that its employees regularly played basketball games on the premises during breaks and it acquiesced to such activity."

This bill prohibits awards of workers' compensation when an injury or death is due to an employee's voluntary participation in recreational, social, athletic, or exercise activities whether or not the employer pays some or all of the costs thereof, unless:

1. Participation was expressly or impliedly required by the employer;

2. Participation produced a direct benefit to the employer beyond improvement in employee health and morale;

3. Participation was during work hours and was part of the employee's job duties; or

4. The injury occurred due to an unsafe condition during voluntary participation using facilities designated by, furnished by, or maintained by the employer on or off the employer's premises and the employer had actual knowledge of the unsafe condition and failed to curtail the activity or cure the unsafe condition.

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