• 05
  • April
    2011

An on-duty firefighter who became injured while playing a game of basketball is entitled to receive worker's compensation according to a recent court ruling. The firefighter in the case was playing a game of basketball in March 2007 while on duty and injured his bicep on a basketball court near the fire station. The court found the firefighter was entitled to worker's compensation benefits because duties of a firefighter require firefighters to stay in shape.

The ruling of the case comes from the Wisconsin Court of Appeals. The firefighter who was injured was a firefighter for the City of Kenosha and was on 24-hour active duty when he injured his bicep while playing basketball with fellow firefighters on a court near the station. The bicep injury kept the firefighter from working for four months. The City of Kenosha denied the firefighter's claim for worker's compensation benefits and argued that the injury was not caused by his employment. The Labor and Industry Review Commission found that the firefighter was entitled to worker's compensation because the job of a firefighter requires physical fitness.

The appeals court ruled in favor of the firefighter finding that the "well-being activity exclusion" did not bar the firefighter's worker's compensation claim. The well-being activity exclusion states that an employee does not provide services related to his or her employment when physical activity meant to improve the employee's physical health is voluntary and the employee receives no compensation. The City of Kenosha argued the exclusion applied and barred the firefighter's claim, but the appeals court found the exclusion did not apply because the firefighter was being paid "to stand ready at the fire station at the time of his injury."

Source: Wisbar.org, "On-duty firefighter injured shooting hoops entitled to worker's compensation," Joe Forward, 3/22/11