While kicking up her heels, a worker injured her knee. The judge said, “Give her comp.”

Trying to keep your company’s workers’ compensation insurance premium from rising significantly? This story may be one of your worst nightmares.

MCI employee Edith Hizey was participating in a dance contest on company property. She twisted her knee, fell and hit her head.

She suffered back and knee pain.

An administrative law judge and the Kansas Workers’ Compensation Board both awarded Hizey total temporary disability and permanent partial disability.

MCI appealed to the state Court of Appeals on the grounds that the injury occurred during a recreational event and wasn’t related to her everyday job duties.

• The court also ruled in Hizey’s favor. Its reasons:
• MCI offered workers vacation time, bonuses and prizes for participating in the dance contest.
• The company benefited from the contest because it encouraged employees to remain employed there.
• MCI planned the event.
• Employees were paid for the time they participated.
• The accident happened on company property, and
• The contest occurred during regular business hours.

So, on its face, paying comp for a dancing accident may seem ludicrous. But the way this and many other states’ comp laws are set up, companies often need better arguments to deny comp other than “it was recreational” and “it wasn’t related to the worker’s job.”

Tags: court, disability, workers' comp