Mustard v. Industrial Commission

OPINION

ROLL, Judge.

In this special action, petitioner Mary Mustard appeals from the administrative law judge’s (AU) denial of benefits. Because the AU incorrectly concluded that petitioner’s injuries arose from horseplay *321constituting a substantial deviation from her work, we set aside the award.

BACKGROUND

On February 6, 1989, Mustard sustained an injury when accidentally struck with a hammer by a fellow employee while working for R.V. City. Her claim for benefits was denied and she timely protested.

At the hearing, Mustard and three employees testified. Mustard testified that while performing…