CASE NO. 969 CRD-5-90-1Workers’ Compensation Commission
SEPTEMBER 3, 1991
The claimant was represented by James R. Smith, Esq., Smith Smith.
The respondents were represented by Thomas H. Cotter, Esq., Cotter, Cotter Sohon, P.C.
This Petition for Review from the January 16, 1990 Finding and Award of the Commissioner for the Fifth, District was heard January 25, 1991 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Andrew P. Denuzze and Michael S. Sherman.
OPINION
JOHN ARCUDI, CHAIRMAN.
Respondents seek to overturn the Fifth District January 16, 1990 Finding and Award. They contend that claimant’s left leg injury in an employer sponsored softball game did not arise out of the employment and was therefore not compensable.
In support of the argument they seek to distinguish McNamara v. Hamden, 176 Conn. 547 (1979). In McNamara, an employee was injured while playing ping-pong on the employer premises a few minutes before the start of his work day. The recreational activity was regular and permitted by the employer. Respondents then argue that, as this injury occurred off the employers premises after working hours and without evidence of the employer supplying equipment other than renting uniforms, this matter is distinguishable from McNamara, supra. We disagree.
The McNamara court noted that, where a recreational injury occurs off the employer’s premises, claimant must demonstrate the recreational activity provided some benefit to the employer. He have also so held in Bruce v. Lynch, Traub, Keefe and Snow, 6 Conn. Workers’ Comp. Rev. Op. 99, 587 CRD-4-87 (1989).
In the instant case, the commissioner found, inter alia, that the employer received the benefit of publicity and enhanced community relations, referred to its relationship with the softball team as sponsorship, encouraged participation among employees and paid the $600 entry fee for the team’s participation in the industrial league. On that basis he concluded the injury arose in and out of the course of employment. All we can do on review is determine if the trial commissioner’s conclusion was without evidence, based on unreasonable or impermissible factual inferences or contrary to law. Fair v. People’s Savings Bank, 207 Conn. 535 (1988). The trial commissioner’s conclusion did not violate any of these tenets.
We therefore affirm the trial commissioner’s January 16, 1990 Finding and Award and dismiss the appeal.
Commissioner Andrew P. Denuzze and Michael S. Sherman concur.