Lozano v. Frank DeLuca Construction

In this workers’ compensation case, we consider whether the phrase “recreational or social activities” as used in the Workers’ Compensation Act encompasses activities that, although recreational or social in nature, are compelled by the employer.

While in the employ of a mason contractor, petitioner sustained an injury when he attempted to drive a go-cart on the property of his employer’s customer. Petitioner alleges that he drove the go-cart only after his employer ordered him to do so. The Division of Workers’ Compensation denied petitioner’s claim for benefits, based on the recreational…