Darco Transportation v. Dulen

WATT, J.,

with whom KAUGER, V.C.J., HODGES and SUMMERS, JJ. join, dissenting:

Today’s opinion sustains an award of workers’ compensation benefits to a claimant for injuries sustained while engaging in sexual intercourse. I cannot accede to the majority’s decision. It is my opinion that the claimant’s activities at the time of his accident constituted a form of “horseplay” not covered by the Workers’ Compensation Act. By engaging in sexual intercourse, the claimant transformed his otherwise legitimate work-related conduct into conduct that did not “aris[e] out of ... his employment” within the…