Workmen's Compensation law is a law of a remedial nature and is liberally construed in all states. In order to avoid the impact of Van Horn and Nemeth, the schools must eliminate any contractual relationship which provides for the rewarding or renewal of scholarship aid only so long as the student plays on the team. If this proviso is eliminated from scholarship awards, the athlete's participation can be characterized under the law as voluntary or merely gratuitous, thereby avoiding the effect of the Workmen's Compensation Act. Should institutions of higher education persist in retaining a contractual employment relationship with their scholarship athletes, whereby financial aid is only dispensed as long as the student is a participating team member, it is only just that the student be protected and receive the benefits under Workmen's Compensation for any injuries sustained while employed by his school.
Sheldon Elliot Steinbach,
Workmen's Compensation and the Scholarship Athlete,
19 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol19/iss3/12