A majority of the Illinois Industrial
Commission awarded benefits to claimant-teacher, who was injured while
participating in a roller skating program with students, where evidence
indicated the class was part of a structured teacher/student activity
and claimant’s participation was a benefit for students and defendant.
(Mary Hatfield v. Washington School District No. 50, (Ill.Ind.Com.),
Nos.96WC10253, 00IIC 0896, Jan 3, 2001.)
Claimant, a teacher of computer and gifted classes, was
injured while attending a roller skating program for students. The
program was offered to the students during normal school hours as part
of their physical education class and was designed ti improve their
self-esteem, to increase the curriculum, to educate the students in a
lifelong activity and to teach safety rules. Claimant testified she was
encouraged by the principal to attend the roller skating program. She
understood her duties to be that of supervisor, to foster morale, to aid
in the learning environment and to enhance the relationship of the
teachers and students. She further testified that at the time of injury,
the principal was present and observed claimant preparing to skate and,
in fact, was preparing to skate. The principal testified that the
teachers’ participation was appreciated to assist in supervision of the
students.
The arbitrator awarded benefits, finding claimant was in
the performance of her duties at the time of the accident and injury
arose out of and in the course of her employment. The arbitrator noted
the skating program was organized, sanctioned and sponsored by the
school. The arbitrator further noted participating teachers were allowed
to forego their otherwise normal classroom duties to attend the skating
event and encouraged to attend the event. Also, the school made
available to the teachers their skates, defendant knew teachers would
participate and defendant wanted and encouraged their participation. In
addition, the arbitrator found significant the principal’s testimony
that the skating class was a part of a structured teacher/student
activity. The arbitrator determined claimant’s participation was for the
benefit of the students and a benefit therefore to defendant.
Upon review, a majority of the Commission affirmed and
adopted the decision of the arbitrator.
The dissent argued the accident was excluded by section
11 of the Workers’ Compensation Act, noting claimant admitted her
participation in roller skating was voluntary and recreational and her
principal testified roller skating was not part of her school
assignment.