Smith v. Union Bleachery/Cone Mills

Gregory, Justice:

This appeal arises from the denial of Workmen’s Compensation benefits for injuries arising from participation on a company sponsored softball team. We affirm.

The appellant employee injured her left leg while participating in a softball game after working hours.

The single commissioner denied compensation, but the full Industrial Commission, in a 3-2 decision, reversed and awarded the appellant compensation. The circuit judge then reversed the award of the full commission and dismissed the claim.

The question is whether the softball injury arose out of and in the course of…