Casey Pike v. CNO Financial Group
October 5, 2021
CategoriesEmployee / er Definitions Statutory Construction Employee / er Definitions Statutory Construction
Summary from the Troubh Heisler Attorneys
Casey Pike v. CNO Financial Group (21-26) - Pike sold insurance for CNO, which annually sponsored a golf tournament to raise money for charity. Pike did not play golf but volunteered to help put on the event by registering golfers, selling raffle tickets, and serving lunch and beverages. She fell out of a golf cart and injured her face, and she filed petitions for lost time and medical benefits.
Among the other defenses, CNO argued that §102 (11) (C) excludes from WC coverage injuries incurred during voluntary participation in an employer-sponsored athletic event. Judge Collier agreed and denied the petitions, and Pike appealed.
The Appellate Division upheld the decision finding the statute “broad enough to encompass her activities that day.” The panel found that Judge Collier’s “application of the law to the facts was neither arbitrary nor without rational foundation.”