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Nor did the fact that some law firm employees felt pressured to play on the team. Because softball was outside the “orbit of employment,” paralegal William Weller was not entitled to workers’ compensation, according to the judge, Ferris Wharton. Law360 covered Wharton’s March 29 decision , which overturned a decision by the Delaware Industrial Accident Board. Wharton considered factors established in a 2005 Delaware Supreme Court decision for evaluating whether an injury occurred within the scope of employment. None of the factors was satisfied, Wharton said. Even if some employees felt pressure to join the team, the law firm did not make softball a job requirement, Wharton said. And no evidence was cited that Weller himself felt pressured. Wharton also said the law firm did not receive a benefit from the softball team, even if it did improve morale. “Morris James is a law firm; its goal is to bring in legal business,” Wharton said.
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