Warthen v. Southeast Oklahoma State University

WILSON, Judge:

The issue in this workers’ compensation case is when, if ever, the death or injury of a teacher engaged in extracurricular school activities may be said to arise “out of and in the course of” the teacher’s employment so as to be compensable under 85 O.S.Supp. 1977, § 11.

I. THE FACTS

Charles Lee Warthen, a teacher and head of the drama department at Southeast Oklahoma State University in Durant, also happened to be a certified basketball referee. At the request of the Dean of Men, Mr. Warthen was officiating at an inter-fraternity basketball game on campus one evening when he…