Petrik v. JJ Concrete, Inc.

KERN, Justice.

[¶ 1.] Jason Petrik (Employee) was injured when he ran from a co-worker on the job site after tricking that co-worker out of an air-conditioned truck. JJ Concrete, Inc. (Employer) and EMC Insurance Company (Insurer) denied workers’ compensation benefits to Employee because Employee’s act was horseplay and, therefore, the injury did not “arise out of’ or “in the course of’ his employment. After a hearing, the South Dakota Department of Labor ruled that Employee’s injury “arose out of’ his employment, but did not occur “in the course of’ the employment and denied Employee…