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State v. Dalton7/11/2005
Submitted: June 15, 2005
Before HOLLAND, BERGER and RIDGELY, Justices.
Upon appeal from the Superior Court. AFFIRMED.
This is an appeal from a final judgment entered by the Superior Court. The employer-appellant, the State of Delaware ("State"), appealed a decision of the Industrial Accident Board's ("IAB") finding that the employee-appellee, Charles J. Dalton, Jr., of the Delaware State Police, was injured during the course and scope of his employment and that the injury was, therefore, compensable under the Workers' Compensation Statute. The Superior Court affirmed the decision of the IAB.
The State has raised three issues in this direct appeal. First, the State contends that the Superior Court erred by making independent findings of fact that were beyond the scope of the IAB's factual determinations. Second, the State argues that after the Superior Court allegedly made its own factual findings, it reached a conclusion that was contrary to the substantial weight of the evidence. Third, the State alleges that the IAB erred, as a matter of law, by failing to articulate the applicable legal standard upon which its decision was based.
We have determined that the State's arguments are without merit. Accordingly, the judgment of the Superior Court is affirmed.
Facts
Dalton works as a state trooper for the State of Delaware. In July 2003, Dalton's supervisor sent a message through the State Police e-mail system asking troopers to volunteer to play in a charity softball game against volunteers from the New Castle County Police Department. Dalton volunteered and was chosen to play in the game, which took place on August 30, 2003. During the game, Dalton severely broke his wrist. He was totally disabled from his police duties from August 30, 2003 until November 2003, and incurred medical expenses to treat the injury.
The police charity softball game is an annual event organized by the Town of Middletown and played at Silver Lake Elementary School, which is owned and maintained by the State. Participation in the event by state troopers was approved seven years ago by high-ranking State Police personnel. The State Police provide uniforms for the state troopers who play in the game, and the officers provide the rest of their equipment. The game takes place on a weekend and involves only state troopers who are not on duty.
Six State Police officers testified during the IAB hearing on August 8, 2004. All agreed that participation in charity events such as the softball game is part of the job of a state trooper. The officers further agreed that the State Police receive a benefit from participation, namely, that charity work presents a positive image of police officers to the community. They testified that it is vitally important that the public view state troopers positively, so that they will be willing to assist police efforts to prevent crime. In recognition of this benefit, the State Police maintain a credit system to govern trooper rank advancement, and significant credits are awarded for charitable work.
The State does not contest the existence of the injury to Dalton or the bills associated with it. Instead, the State argues that the injury did not occur during the course and scope of Dalton's employment, and therefore is not compensable. The IAB disagreed, finding the fact that Dalton was asked to participate by his superior officer, combined with the importance the State Police placed on charitable work, drew the softball game into the scope of Dalton's employment. The IAB's decision to award Dalton disability benefits was affirmed by the Superior Court.
IAB's Decision<
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