Hodges v. Workers' Comp. Appeals Bd.

I respectfully dissent. In my opinion, the result reached by the majority is neither compelled nor just.

The only Supreme Court decision applying the horseplay rule to deny compensation for an injuiy sustained by a participant is Dalsheim v. Industrial Acc. Com. (1932) 215 Cal. 107 [8 P.2d 840]. Although Dalsheim has never been overruled, its precedential value has been rendered uncertain by the fact that the cases it relied upon were all overruled by the court in Pacific Emp. Ins. Co. v. Ind. Acc. Com. (1945) 26 Cal.2d 286 [158 P.2d 9, 159 A.L.R. 313], (Joshua Hendy Iron Works v. Ind. Acc.…