Jayo v. Industrial Com'n of Arizona

OPINION

NOYES, Judge.

This is a special action review of an Arizona Industrial Commission Award denying compensability. See Ariz.Rev.Stat.Ann. (“A.R.S.”) § 23-951(A) (1983); R.P. Special Actions 10(f) (Supp.1994). The issue is whether the Petitioner (“Claimant”) was in the course of employment when he was injured while playing hacky sac during a scheduled lockout at a remote jobsite. Applying an independent-judgment standard of review to the totality of circumstances, we hold that Claimant was in the course of employment when injured.

I. FACTS

Claimant was the general foreman of a crew of…