Whigham v. Jackson Dawson Communications

I respectfully dissent. While one view of the evidence supports the majority’s finding that Petitioner (Whigham) was “impliedly required to attend the kickball game[,]” there is other evidence that supports the decision of the Workers’ Compensation Commission (Commission). Take for example the following testimony from Whigham:

*139Q: Let me make sure we’re clear on this. There was no requirement to be there?

A: There was actually — if you were not there, you were expected to be in the office working.

Q: Okay. Was there any pressure on you or anybody that you know of that you’d better be playing…