Penn State University v. Workers' Compensation Appeal Board

DISSENTING OPINION BY

Senior Judge FRIEDMAN.

I respectfully dissent. In reversing the decisions of both the Workers’ Compensation Appeal Board and the workers’ compensation judge (WCJ), the majority holds that, although Claimant was injured when he jumped down a flight of stairs on his employer’s premises while going to lunch at an employer-run cafeteria, where Claimant had an employer-sponsored meal plan, Claimant was not acting in furtherance of his employer’s business or affairs. I cannot agree.

This court has held that breaks that allow an employee to administer to his personal comfort are…