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Employees who pump iron at the office gym might have to start looking for a new place to work out.
A recent Tennessee Supreme Court ruling is going to force companies to reconsider whether they want to take the risk of providing on-site physical fitness activities for workers, lawyers say.
"Will it have an affect on whether or not employers provide this or not? Absolutely," Mark Travis, an expert on worker's compensation law, said of the opinion.
The recent ruling involved a worker's compensation case in Anderson County where an employee died from a heart attack that doctors linked to a basketball game he played on company property during his break.
The unanimous decision allowed the employee's widow to collect worker's compensation benefits from her husband's death.
Because of the ruling, attorneys say, businesses now have to be careful about fitness centers, basketball courts or any kind of recreational facility on their properties.
"If I was advising people … don't build gyms or basketball courts. Or if you do, just be aware," Nashville attorney and insurance lobbyist David Broemel said.
The decision only applies to businesses that offer recreational activities on company property.
It doesn't apply to free or discounted memberships at gyms outside the workplace, and it doesn't apply to injuries sustained during voluntary activities away from work property, such as races at a company picnic or company sporting leagues.
The opinion does hold employers responsible even if workers build makeshift exercise facilities on their own. That's what happened in the Anderson County case. A group of employees purchased the basketball goal at the Coors Technical Ceramics Co. in Oak Ridge.
Employers have options
On June 3, 2003, Gregory Gooden collapsed and died after playing for about 20 or 30 minutes, the opinion said.
Even though the employees bought the basketball goal, the company knew the employees played basketball during their breaks, according to the opinion, written by Justice Janice M. Holder.
Numerous studies have shown that on-site fitness centers boost workers' morale, increase productivity and improve the health of employees.
"The employers have to weigh the benefits they gain from having those activities on site versus the increased risk of a worker's compensation injury for which they may be held responsible," said Gregory Ramos, a Nashville attorney and expert in worker's compensation law.
One worker who uses her company fitness center says the health benefits can't be denied.
"It really does help your morale and your ability to withstand stress," said Brenda Weiss, a nurse at Saint Thomas Hospital who uses her company's fitness center.
Saint Thomas Health Services provides a discounted membership for its employees for the Saint Thomas Hospital Wellness Center.
Hospital officials say it's too valuable to give up, but the court opinion may prompt some changes.
"It might cause us to rethink how we do it," said Denny Porr, executive director of employee health and safety. "But I don't think it would cause us to rethink that we do it."
Still, Porr believes other employers may not be so accommodating.
"I'm sure there are going to be some companies that are going to use this as an excuse to take away some of the things they've been permitting their employees to do," he said. "And that would be really sad.".
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