August 27, 2014 South Carolina Supreme Court published opinion

Whigham v Jackson Dawson Communications 

Whigham suffered a leg injury at a kickball event he organized for Jackson. He filed a workers compensation claim which was rejected on the ground that Whigham was not in the course of employment when injured. The rejection was affirmed on appeal. The Court, 3-2, reversed and remanded for a benefits award. The majority held that the facts of the case-that Whigham and his supervisor both believed he was required to attend the event, he organized the event at Jackson’s direction, Jackson promoted the event and used the event as part of Whigham’s evaluation-mean Whigham was required to attend the event as a matter of law and he was thus in the course and scope of his employment. The dissent argued there was conflicting testimony as to whether Whigham was required to attend and thus the rejection should be affirmed on substantial evidence review, there was no requirement to participate tin the event and the majority approach favors supervisors over line workers.

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