The leading commentator on
workers’ compensation law has concluded that "Even if the employer is the
sponsor of a regular annual company picnic, the
employment connection may be inadequate if there is nothing more--no compulsion
of any kind to attend, no pep talks or other business, no transportation, no
wearing of uniforms." 1A Larson, at § 22.23(a). For a company picnic to be compensable the
facts must support that the event was sufficiently related to the claimant's
employment. Factors to consider are:
whether the picnic took place on company time; whether the participants are
paid for their attendance; whether people who do not attend the picnic are
required to work; whether a percentage of the employees not participate; and whether
the company uses the occasion for any
politicking amongst its employees. Delorme v. Johnson Printing Co., Opinion No.
4-90WC (1990); Michael Riley v. Norrell Services Opinion No. 20-95WC
(1995). There must be a correlation
between obligations of work and the activity.
