Something Wicked This Way Briefs

October has arrived, bringing cooler weather, changing leaves, and just enough Halloween spirit to keep things interesting. This month, we’re mixing a little fall fun with the latest from the legal world, including a trip back to the creation of Great Smoky Mountains National Park, some strange-but-true legal history, and a few October events worth putting on the calendar. We’ve also got some seasonal recipe and a classic cocktail to help you properly adjourn into fall. Enjoy!

Bench Buzz

Bicycle Barbie Takes a Fall

Illinois Commission finds “Bicycle Barbie” was engaged in voluntary recreation

Sometimes workers’ compensation decisions practically write their own headlines.

In Mirretti v. Elmhurst University, an employee attended her employer’s Halloween-themed “Boojay Buzz,” a variation on a regularly scheduled university meeting. Attendance at the underlying meeting was expected for daytime employees, but Halloween costumes and participation in the costume contest were another matter. 

The employee, an avid cyclist known around campus as the “bike girl,” initially did not plan to dress up. After some encouragement, however, she embraced the occasion and arrived as “Bicycle Barbie,” complete with a pink helmet, pink cycling gear, and, crucially, an actual bicycle. 

And this is where Bicycle Barbie encountered considerably more resistance than the plastic variety.

During the individual costume contest, the employee retrieved the bicycle and rode it inside the university’s event space. After traveling approximately ten feet, the bicycle slipped out from underneath her and she fell, sustaining a right ankle trimalleolar fracture that ultimately required surgery and hardware. The evidence indicated that there was nothing defective about the tile floor, no lighting problem, and no obstruction that caused the accident. 

Mandatory Meeting ≠ Mandatory Barbie

The employee sought Illinois workers’ compensation benefits, arguing in part that the Halloween activities were connected to a work meeting she was required to attend.

The Arbitrator was not persuaded.

Section 11 of the Illinois Workers’ Compensation Act excludes injuries occurring during voluntary recreational programs, including athletic events, parties, and picnics, unless the employee was ordered or assigned to participate. The Arbitrator found the costume portion of the Boojay Buzz to be just such a voluntary recreational activity. 

The distinction was important. Employees may have been expected to attend the Boojay Buzz, but the evidence did not establish that anyone was required to wear a costume, enter the contest, bring a bicycle inside, or, most importantly, ride one across a tile floor as Bicycle Barbie. In fact, the employee acknowledged that bringing the bicycle inside and riding it were voluntary decisions. 

The Arbitrator therefore held that the accident did not arise out of and in the course of employment and denied benefits. 

The Commission: Right Result, Slightly Different Route

On review, the Illinois Workers’ Compensation Commission affirmed the denial of benefits, but made an interesting adjustment to the reasoning.

The Commission agreed that the employee had been participating in a voluntary recreational activity and that benefits were properly denied under Section 11 of the Illinois Act. But it struck the Arbitrator’s additional conclusion that riding the bicycle constituted a “personal risk.” In other words, the Commission decided there was no need to take that analytical detour: the statutory recreational-activity exclusion was enough to resolve the case. 

There was, however, a dissent. Commissioner Marc Parker focused on the fact that the employee was required to attend the Boojay Buzz and was not free to leave before the costume contest concluded. He reasoned that an injury during the costume contest was analogous to an employee being injured playing basketball or softball at a mandatory company picnic and would have found the mandatory nature of the overall event controlling. 

The Takeaway

For employers and workers’ compensation practitioners, Mirretti offers an entertaining illustration of a serious distinction: being required to attend a workplace event does not necessarily mean every activity occurring at that event becomes part of the employment.

At least under the Illinois statute, the Commission focused on whether participation in the particular recreational activity was voluntary. Here, the meeting may have been mandatory, but the costume contest was voluntary, and nobody ordered the employee to transform herself into Bicycle Barbie and take a cruiser for an indoor spin. 

The result:

Elmhurst University: 1
Bicycle Barbie: 0
Workers’ Comp lawyers: one unusually memorable case.

And, once again, before anyone cites this at the next Tennessee expedited hearing:

THIS IS AN ILLINOIS CASE. The decision interprets the Illinois Workers’ Compensation Act, including Illinois’s statutory exclusion for voluntary recreational programs. It should not be presented as controlling Tennessee authority.

Tennessee Spotlight:

Fall takes center stage in the Smoky Mountains during Dollywood’s Harvest Festival, with seasonal flavors, live music and colorful autumn displays throughout the park. After dark, Great Pumpkin LumiNights lights up Dollywood with thousands of glowing pumpkins, whimsical displays and plenty of Halloween fun without the scares.

Check out the festival, now through October 31st. (link)

Kentucky Spotlight:

Lexington goes all-in on Halloween with an evening of spooky festivities, including a Halloween parade, costumed characters, music and plenty of downtown fun. The main event is the annual Thriller Parade, when hundreds of zombies take to the streets to recreate Michael Jackson’s iconic “Thriller” dance. It’s part Halloween party, part flash mob and one of Lexington’s most entertaining fall traditions. (link)

Historical Precedent

How Do You Build a National Park When Someone Already Owns the Land?

Today, Great Smoky Mountains National Park is one of America's most treasured public spaces. But when plans for the park began taking shape in the 1920s, there was one major problem: the federal government didn't own the land.

Unlike many Western national parks created from land already controlled by the federal government, the proposed Smokies park contained farms, family homesteads, timber holdings, and entire mountain communities. Creating the park meant Tennessee and North Carolina first had to acquire hundreds of thousands of acres from private owners before transferring the property to the federal government.

The effort became a massive exercise in property law and land acquisition. Some owners willingly sold, while other properties required condemnation proceedings. Logging companies also controlled large tracts of valuable mountain timber, making the acquisition both complicated and expensive.

Money was another hurdle. Communities throughout Tennessee and North Carolina raised funds, and philanthropist John D. Rockefeller Jr. contributed $5 million through the Laura Spelman Rockefeller Memorial, helping make the project possible.

For families who had lived in the mountains for generations, the transition wasn't always simple. Some residents were permitted to remain in their homes under lifetime leases even after their property became part of the park.

Congress authorized Great Smoky Mountains National Park in 1926, but acquiring enough land took years. The park was formally established in 1934, and President Franklin D. Roosevelt dedicated it at Newfound Gap in 1940.

Nearly a century later, it's easy to think of the Smokies as land that has always belonged to the public. In reality, creating the park required years of negotiations, purchases, condemnation proceedings, private fundraising, and difficult questions about the balance between private property rights and preservation for the public good.

Sidebar: 🎃 Strange But True: Tennessee Legal History

When the Law Gets a Little Spooky

Tennessee's legal history has no shortage of unusual cases, forgotten statutes, and courtroom oddities. One of the strangest involved the state's long history of dueling laws.

Dueling was once common enough among Tennessee's politicians and prominent citizens that the state constitution specifically addressed it. Tennessee's 1835 Constitution prohibited anyone who participated in a duel, sent or accepted a challenge, or knowingly assisted in one from holding public office in the state.

There was good reason for the concern. Perhaps Tennessee's most famous duelist was Andrew Jackson, who participated in several affairs of honor before becoming president. In an 1806 duel with Charles Dickinson, Jackson was shot in the chest but remained standing, took aim, and fatally wounded Dickinson. The bullet lodged so close to Jackson's heart that doctors never removed it, and he carried it for the rest of his life.

So, long before Halloween decorations featured skeletons and tombstones, Tennessee lawmakers were already trying to keep politicians from settling their disagreements with pistols at dawn.

Talk about a strict code of conduct.

A Pourable Offense

🍸 The Last Word

October calls for a cocktail with a little mystery, and The Last Word delivers. With its pale green color, herbal bite, and Prohibition-era pedigree, it has just enough spooky character for Halloween without requiring dry ice or plastic eyeballs. And with a name like The Last Word, it was practically made for a law firm newsletter.

Better yet, there's no complicated legal formula to remember. The cocktail uses equal parts of all four ingredients.

Ingredients

• ¾ oz. gin

• ¾ oz. green Chartreuse

• ¾ oz. maraschino liqueur

• ¾ oz. fresh lime juice

• Lime twist or cocktail cherry for garnish

Instructions

Add the gin, green Chartreuse, maraschino liqueur, and fresh lime juice to a cocktail shaker filled with ice. Shake well until thoroughly chilled.

Strain into a chilled coupe or cocktail glass and garnish with a lime twist or cherry.

The Verdict: Herbal, citrusy, slightly sweet, and surprisingly balanced. One sip and you'll understand why this nearly forgotten Prohibition-era cocktail eventually made its way back onto modern cocktail menus.

And when you're drinking something called The Last Word, there's really nothing left to argue.

Due Process & Treats

Pumpkin Bundt Cake

Serves 12–16 | Bake at 350°F for 50–60 minutes

Cake: 3 cups flour • 2 tsp baking powder • 1 tsp baking soda • 1 tsp salt • 2 tsp cinnamon • 1 tsp pumpkin pie spice • 1 cup vegetable oil • 2 cups sugar • 4 eggs • 1 (15 oz.) can pumpkin puree • 2 tsp vanilla

Cream Cheese Glaze: 4 oz. softened cream cheese • 1 cup powdered sugar • 2–3 Tbsp. milk • ½ tsp vanilla

Directions: Grease and flour a 10–12 cup Bundt pan. Whisk together the dry ingredients. In a separate bowl, combine oil and sugar, then beat in eggs one at a time. Mix in pumpkin and vanilla, then gradually add dry ingredients just until combined. Pour into pan and bake 50–60 minutes, or until a toothpick comes out clean. Cool 15 minutes before turning out onto a rack.

Glaze: Beat cream cheese, powdered sugar, vanilla and enough milk to reach a pourable consistency. Drizzle over the completely cooled cake.

Optional: Add 1 cup chopped pecans, walnuts or chocolate chips.

Pumpkin Spice Coffee Stirrer Cookies

These crunchy pumpkin cookie sticks double as edible coffee stirrers. Give your latte a stir to add a little pumpkin spice flavor, then enjoy the cookie once it softens!

Makes about 10 | Bake at 375°F for 16–20 minutes

Cookies: 1½ cups flour • ½ cup pumpkin puree • ⅓ cup brown sugar • ¼ cup mild olive oil • ¼ tsp baking powder • 2 tsp pumpkin pie spice • 1 tsp vanilla

Topping: 1 Tbsp. maple syrup • 1 tsp pumpkin pie spice • ⅓ cup cane or granulated sugar

Directions: Combine cookie ingredients and knead into a soft dough, adding 2–3 Tbsp. extra flour if too sticky. On a floured surface, roll into a roughly 6x9-inch rectangle about ⅓–½ inch thick. Cut into long, narrow sticks and place on a parchment-lined baking sheet.

Bake 16–20 minutes, about 18 minutes for a firm, crunchy stirrer. Cool for 5 minutes. Mix sugar and pumpkin pie spice, brush the warm sticks with maple syrup and sprinkle with the spiced sugar.

To Serve: Stir or dunk in hot coffee, cider or a latte. The cookies gradually soften as they soak up your drink.

Storage: Keep in an airtight container at room temperature for up to one week.

The case for a furever home!

Meet Chester!

My story: Here's what the humans have to say about me.

Location: Houston, TX (headed to TN in a week)

Chester
Terrier MIx
4.5 months old
8 pounds
Good with dogs: Yes
Good with kids or cats: not sure
House/Crate/Leash trained: Working on it

Chester is blind and will need a patient adopter. Don't let that stop you from adopting.

He is a very smart boy who has learned to go up and down a couple of steps, learned to follow your voice and certain noises to find you. He is doing pretty good on potty training, crate training, and leash training.

Chester and his siblings were owner surrendered at a young age. He loves to play, carry an empty bowl around and snuggle

Remember...puppies require a lot of work, dedication, and patience. Chester will need continued training and socialization.

Learn more at https://www.loveoflittlesrescue.com/

Need Guidance on Workers’ Compensation or Employment Law? We’re Here to Help.

If you have questions about workers’ compensation claims, workplace policies, or employment law matters in Tennessee or Kentucky, our experienced legal team is ready to assist. We’re committed to helping employers and carriers navigate complex regulations with clarity and confidence.

Give us a call, your peace of mind starts with a conversation. (855) 919-4124