Is An Injury At the Company Picnic Compensable?

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.

Burden of Proof for Firefighters, Rescue and Ambulance Workers

Effective July 1, 2013 firefighters, rescue and ambulance workers who suffer an infectious disease or lung disease will be presumed to have acquired the disease from their employment.  Entitled "An act relating to workers’ compensation for firefighters and rescue or ambulance workers" the bill creates a presumption that a firefighter or rescue or ambulance worker with lung disease or an infectious disease has acquired the disease as a result of his or her employment.  The presumption does not apply if a vaccine was refused by worker who later contacts the infectious disease. Also, the presumption of compensability shall not apply to a worker who has used tobacco product within 10 years of the date of diagnosis.

The Bill that passed out of the Vermont Legislature may be found here:
http://www.leg.state.vt.us/docs/2014/bills/Passed/S-085.pdf