Clark v. Chrysler Corp., 100

• Citation: 276 Mich. 24,267 N.W. 589
• Decision Date: 11 June 1936
• Docket Number: Jan. Term, 1936.,No. 100,100
• Parties: CLARK v. CHRYSLER CORPORATION.
• Court: Supreme Court of Michigan

276 Mich. 24

267 N.W. 589

CLARK

v.CHRYSLER CORPORATION.

No. 100, Jan. Term, 1936.

Supreme Court of Michigan.

June 11, 1936.

Appeal from the Department of Labor and Industry.

Proceeding under the Workmen's Compensation Law by William Clark, claimant, opposed by the Chrysler Corporation, employer. Award of compensation by the Department of Labor and Industry, and the employer appeals.

Award vacated.

SHARPE, J., dissenting.

Argued before the Entire Bench.

Kerr, Lacey & Scroggie, of Detroit, for appellant.

Lester L. Johnson, of Detroit, for appellee.

WIEST, Justice.

The award goes beyond any instance to be found in the books and the reasoning of my Brother does not supply the want.

Industry must take care of its disabled, but optional gymnasium exercises cannot be said to be a part of employment so that a common mishap in indulgement is an injury arising out of and in the course of employment.

The opinion of my Brother will result in ending the trend toward beneficial consideration of employees along like lines by employers. It stretches terms to hold that plaintiff's injury arose out of and in the course of his employment by defendant.

The employer provided a place for recreation of employees and left the method and means of enjoyment to the will of each individual. It may be true that the benefit derived by a user of the place not only tended to improve him physically but, as well, to create a more friendly relation between employer and employee, but such physical betterment and emotional result, while desirable,do not attach to the contract of employment.

The award should be vacated with costs.

POTTER, J., took no part in this decision.

NORTH, C. J., and FEAD, BUTZEL, BUSHNELL, and TOY, JJ., concurred with WIEST, J.

SHARPE, Justice (dissenting).

Plaintiff, William Clark, suffered an accidental injury on May 16, 1934, while playing basketball in the gymnasium of the plant of defendant corporation. He was a member of the factory police and his duties were to patrol the plant, look over equipment, see that there was no pilfering, and perform the ordinary duties of a patrolman. The members of this plant police force worked in three shifts. At the time of the injury, plaintiff was working on the shift from 10 p. m. to 6 a. m.; and within a few minutes after 6 a. m. he began playing basketball when he slipped on the cement floor, injuring his knee. Upon the hearing before the deputy commissioner an award was entered denying compensation, but on appeal the department entered an order awarding compensation to plaintiff at the rate of $18 per week from May 17, 1934, to August 9, 1934, and at the rate of $9 per week thereafter for partial disability. The record shows that one John R. Jones was in the employ of defendant corporation as a patrolman in the plant protection force and also gave instructions to the men in the gymnasium. The company furnished the room and the men bought their own gym suits and shoes as well as the basketballs used. Other articles used in the gym were made of materials found in the plant. Jones had no authority to require the men to take any particular form of exercise, but led them in calisthenics or instructed them in jui-jitsu. No penalty was attached to any one refusing to take the exercise, but a record was kept of attendance. The following letter was read to the men comprising this particular group:

‘Mr. Keller, vice-president of the Chrysler Corporation, desires that all plants install and equip a gymnasium for all Plant Protection Patrolmen, giving them the opportunity, on a voluntary basis, to develop and build up their bodies. It is my personal desire that each man at the Highland Park Plant attend at least three classes per week, both in calisthenics and jiu-jitsu. Also that all patrolmen pay close attention to Instructor Jones, that they may receive all benefits thereof, as eventually Instructor Jones will be transferred to the administrative payroll, where he will be in charge of all gymnasiums of the Chrysler Corporation in Detroit. For this reason, there must be one or two instructors picked from each relief, who will be able to carry on this work in the absence of Instructor Jones. The instructors who are selected must be passed upon by both Instructor Jones and their Relief Commanders. As this is the first gymnasium that has been installed by the Chrysler Corporation, we must...