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Swift v. Richardson Sports, Ltd.

N.C. Ct. App.April 5, 2005No. No. COA04-302.
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Case Details

Judge(s)
McCullough
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal affirmed

Related Laws

No specific laws identified for this ruling.

Claim Types

Workers’ Compensation

Outcome

The Industrial Commission properly awarded workers' compensation benefits to a professional football player who sustained a compensable leg and ankle injury during employment with Richardson Sports, Ltd., and was entitled to disability compensation despite later attempting to play for another team.

Excerpt

1. Workers' Compensation — compensable injury — professional football player The Industrial Commission did not err by finding that a professional football player sustained a compensable injury by accident arising out of and in the course of his employment where his leg was broken and ankle tendons torn when other players fell on the back of his leg during a game. There was evidence to support the Commission's findings that the injury was unusual. 2. Workers' Compensation — disability — professional football player — reason for being released from team — personal knowledge The trial court did not err by allowing plaintiff, a football player, to testify about the reason for his termination from a team. Plaintiff offered personal knowledge about why he was released and his testimony was not hearsay. 3. Workers' Compensation — disability — injured professional football player — return with another team — eventual release The Industrial Commission did not err in a workers' compensation case by awarding compensation to a professional football player who was injured while playing with defendant, then returned to play with another team. While plaintiff did try out for and make the other team, he was released from that team because of injuries suffered with defendant. 4. Workers' Compensation — disability — professional football player — dollar-for-dollar credits The Industrial Commission did not abuse its discretion in a workers' compensation disability case by awarding a time credit rather than a dollar-for-dollar credit for payments made by defendants to plaintiff, a professional football player, after he was injured. Dollar-for-dollar credits are precluded by North Carolina law.Page 530</page_numb

What This Ruling Means

This case involved a professional football player who broke his leg and tore ankle tendons when other players fell on him during a game while playing for Richardson Sports, Ltd. The player filed for workers' compensation benefits, but the employer challenged whether his injury qualified for coverage. The North Carolina Court of Appeals ruled in favor of the player. The court upheld the Industrial Commission's decision that the football player's injuries were compensable under workers' compensation law. The court found that the leg break and torn ankle tendons occurred "by accident arising out of and in the course of his employment" during the game. Importantly, the court determined the player was still entitled to disability compensation even though he later attempted to play for another team. This ruling matters for workers because it confirms that on-the-job injuries during normal work activities are covered by workers' compensation, even in high-risk professions like professional sports. The decision also shows that attempting to return to work or find new employment after an injury doesn't automatically disqualify someone from receiving disability benefits. Workers in physically demanding jobs can take comfort knowing that injuries sustained while performing their regular duties should be covered under workers' compensation laws.

This summary was generated to explain the ruling in plain English and is not legal advice.

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