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Member, Beacon International Group, Ltd.
TRENTON, N.J.--An employee can recover workers compensation benefits for an injury stemming from a recreational activity if the worker was compelled to participate by his or her employer, New Jersey's Supreme Court ruled last week.
In Porfirio A. Lozano vs. Frank DeLuca Construction, the court found in favor of Porfirio Lozano, a laborer who severely injured his ankle when he crashed a go-cart. The accident occurred after Mr. Lozano's boss insisted he operate the go-cart even though Mr. Lozano had declined to do so, explaining that he did not know how to drive, according to court records.
The incident happened just after Mr. Lozano completed his work for Frank DeLuca Construction at a property with a go-cart track. He filed a claim with New Jersey's Division of Workers' Compensation, asserting that his injuries arose from his employment. He also argued that his boss had ordered him to drive the cart, court records show.
A workers compensation judge dismissed the claim, agreeing with Mr. DeLuca that the accident resulted from off-the-clock horseplay. An appeals court upheld that ruling.
But New Jersey's high court overturned the decision, ruling March 10 that recreational and social activities become work-related when employees are compelled to participate.
The Supreme Court remanded the case to the Division of Workers' Compensation for proceedings consistent with its opinion.