Defense Puts Claims Against Professional Hockey Organization on Thin Ice

Successfully defended a professional ice hockey organization in a case of first impression. The claimant was invited to the organization's hockey camp as part of a professional team try-out. The claimant was known as an "enforcer" in professional hockey circles, which meant that he had the propensity to fight during games. During camp, the claimant injured and/or aggravated a pre-existing injury to his dominant hand during a drill, thus eliminating his ability to hit, check or fight. The claimant then filed a claim petition alleging that he was an "employee" of the organization at the time of the injury and was entitled to medical and lost wages. The defense strategy focused on the use of the hockey organization's Collective Bargaining Agreement and testimony from the team's general manager. The judge formulated a complex, bifurcated decision accepting all of the defense's arguments as they related to the state's contract law. The claimant was found not to be an employee of the organization, and his claim was dismissed in entirety.