Rensing v. Indiana State University Board of Trustees

437 N.E.2d 78, 5 Educ. L. Rep. 227, 1982 Ind. App. LEXIS 1262
CourtIndiana Court of Appeals
DecidedJune 16, 1982
Docket2-680A206
StatusPublished
Cited by4 cases

This text of 437 N.E.2d 78 (Rensing v. Indiana State University Board of Trustees) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rensing v. Indiana State University Board of Trustees, 437 N.E.2d 78, 5 Educ. L. Rep. 227, 1982 Ind. App. LEXIS 1262 (Ind. Ct. App. 1982).

Opinions

MILLER, Presiding Judge.

Plaintiff-appellant, Fred W. Rensing, appeals the decision of the full Industrial Board of Indiana (Industrial Board) rejecting his claim for workmen’s compensation from the defendant-appellee, the Indiana State University Board of Trustees (Trustees). Rensing, a varsity football player at Indiana State University—Terre Haute (University), was rendered a quadriplegic as a result of an injury occurring on April 24, 1976 during the team’s spring football practice. At the time he was injured Rensing was receiving financial aid through a football scholarship awarded by the Trustees. On August 22, 1977 Rensing filed his claim seeking recovery for permanent total disability as well as medical and hospital expenses incurred due to the injury. Rens-ing’s claim was rejected by the Industrial Board’s Hearing Member on May 24, 1979, after which Rensing appealed to this Court challenging the Industrial Board’s conclusion of law that an employer-employee relationship did not exist between Rensing and the Trustees and, therefore, he was not entitled to benefits under Indiana’s Workmen’s Compensation Act, Ind.Code 22-3-1-1 et seq.1

For the reasons stated below, we reverse the Industrial Board’s decision and remand this cause to it for further proceedings consistent with this opinion.

[80]*80FACTS

The undisputed testimony reveals the Trustees, through their agent Thomas Harp (the University’s Head Football Coach), on February 4,1974 offered Rensing a scholarship or “educational grant” to play football at the University. In essence, the financial aid agreement,2 which was renewable each year for a total of four years provided that in return for Rensing’s active participation in football competition he would receive free tuition, room, board, laboratory fees, a book allowance, tutoring and a limited number of football tickets per game for family and friends. The “agreement” provided, inter alia, the aid would continue even if Rensing suffered an injury during supervised play which would make it inadvisable, in the opinion of the doctor-director of the student health service, “to continue to participate,” although in that event the University would require other assistance to the extent of his ability.

The trustees extended this scholarship to Rensing for the 1974-75 academic year in the form of a “Tender of Financial Assistance.3 Rensing accepted the Trustees’ first [81]*81tender and signed it (as did his parents) on April 29, 1974. At the ehd of Rensing’s first academic year the Trustees’ extended a second “Tender of Financial Assistance”4 for the 1975-76 academic year, which tender was substantially the same as the first and provided the same financial assistance to Rensing for his continued participation in the University’s football program. Rensing and his father signed this second tender on June 24,1975. It is not contested the monetary value of this assistance to Rensing for the 1975-76 academic year was $2,374, and that the “scholarship” was in effect when Rensing’s injuries occurred.

According to Dr. Richard G. Landini, President of the University, it offered various grants to prospective students based on their respective athletic or scholastic talents. The basis for awarding an athletic scholarship was a recommendation by the University’s Athletic Director (based upon the advice of the head coach and his assistants) made to Dr. Landini. In turn Dr. Landini forwarded the recommendations to the Trustees who then officially acted upon the recommendation. Dr. Landini emphasized that ultimate responsibility for awarding any scholarship rested with the Trustees. Significantly, Dr. Landini acknowledged that the University’s increase in its student enrollment was attributable (to some degree) to the success of its athletic programs and that one justification for an athletic scholarship program was that such a program benefited the whole University.

Rensing testified he suffered a knee injury during his first year (1974-75) of competition which prevented him from actively participating in the football program, during which time he continued to receive his scholarship as well as free treatment for his knee injury. The only requirement imposed by the Trustees (through Coach Harp) upon Rensing was attendance at his classes and reporting daily to the football stadium for free whirlpool and ultrasonic treatments for his injured knee. Although the Trustees (through Coach Harp) did not require Rens-ing to assist the coaching staff in conducting the football program in order to fulfill his obligations under the financial assistance agreement (either after his knee inju[82]*82ry or the accident causing his quadriplegia), the uncontradicted evidence demonstrated Coach Harp could have required Rensing to assist the football coaches. As noted above, the financial aid agreement provided that in the event of an injury of such severity that it prevented continued athletic participation, “Indiana State University will ask you to assist in the conduct of the athletic program within the limits of your physical capabilities” in order to continue receiving aid. The sole assistance actually asked of Rensing was to entertain prospective football recruits when they visited the University’s Terre Haute campus.

During the 1975 football season Rensing participated on the University’s football team. In the spring of 1976 he partook in the team’s annual three week spring practice when, on April 24, he was injured while he tackled a teammate during a punting drill. Coach Harp described the accident as follows:

“We were working on punt coverage and Fred was covering a punt. The ball was caught right at the time Fred arrived at that point, and in attempting to make the tackle, hit with his head the shoulder pad of the receiver, ...., and went under and sustained the injury.”

Harp further described this particular play as a “severe tackle, it was one that you heard very seldom, it was heard all over the [football] stadium and [was] observed by the entire squad as a very hard tackle, [a] very hard hit.”

The specific injury suffered by Rensing was a fractured dislocation of the cervical spine at the level of 4-5 vertebrae. Rens-ing’s initial treatment consisted of traction and eventually a spinal fusion. During this period he developed pneumonia for which he had to have a tracheostomy. Eventually, Rensing was transferred to the Rehabilitation Department of the Barnes Hospital complex in St. Louis. According to Rens-ing’s doctor at Barnes Hospital, one Franz U. Steinberg, Rensing’s paralysis was caused by the April 24, 1976 football injury leaving him 95-100% disabled. The undisputed testimony revealed Rensing’s expenses for medical care and treatment totaled $120,449.26, some of which amount was paid by the University’s insurer.

After reviewing the above evidence received at hearings on February 15 and 16, 1979, the Industrial Board’s Hearing Member issued his findings and award as follow:

“BE IT REMEMBERED that pursuant to notice fixing the time and place therefor, the above-captioned cause was set for hearing before Mr. Richard J. Cronin, Member of the Industrial Board of Indiana, in the Civil Defense Meeting Room in the City Hall at Terre Haute, Vigo County, Indiana, on February 15 and February 16, 1979, at 9:00 o’clock a.

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Related

Whitlock v. State
456 N.E.2d 717 (Indiana Supreme Court, 1983)
Coleman v. Western Michigan University
336 N.W.2d 224 (Michigan Court of Appeals, 1983)
Rensing v. Indiana State University Board of Trustees
444 N.E.2d 1170 (Indiana Supreme Court, 1983)
Rensing v. Indiana State University Board of Trustees
437 N.E.2d 78 (Indiana Court of Appeals, 1982)

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Bluebook (online)
437 N.E.2d 78, 5 Educ. L. Rep. 227, 1982 Ind. App. LEXIS 1262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rensing-v-indiana-state-university-board-of-trustees-indctapp-1982.