Byrd v. Volunteers of America

¶ 1 I must respectfully dissent. I would hold that the majority of the three-judge panel in the Workers’ Compensation Court erred as a matter of law in finding “[t]he fact that the softball activity was beneficial to the clients of claimant’s employer is irrelevant” in the factual context presented by Claimant, who was the only witness who testified at trial. The facts are not in dispute. While the question whether Claimant’s injury arose out of and in the course of his employment is generally a question of fact for the Workers’ Compensation Court, where, as here, there are no disputed facts,…