Wilmington law firm wins reversal of injury claim arising from softball game


A Superior Court decision reversed a Delaware  Industrial Accident Board decision on an injury sustained during a law firm’s softball game.

The case involved a paralegal at the Wilmington firm of Morris James, with the accident board ruling that the game was within his scope of employment. A  ruling from Judge Ferris Wharton reversed the accident board ’s decision.

Testimony indicated that softball games were the source of employee injuries that at one point moved through the workers compensation system.

Morris James argued that previous workers compensation  claims accepted by the firm related to softball games came from advice from a previous insurance carrier.

There was also testimony indicating female employees were pressured to join the law firm’s team. The employee filing the claim in question is male. 

Wharton ruled that the board erred in considering factors outside those in the original claim.

The decision also concluded that Morris James did not derive a major benefit from the softball game, a factor in determining whether the contest is considered to be part of a person’s employment.

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