Kirby v. M.L. Smith, Jr., Inc.

| iPEATROSS, Judge.

In this workers’ compensation action, claimant Michael Kirby (“Kirby”) appeals a judgment in which the Workers’ Compensation Hearing Officer denied him compensation benefits. The issue on appeal is whether the hearing officer erred in finding that Kirby was engaged in horseplay which led to his *934injury. Since we find the evidence does not support a finding that Kirby was engaged in horseplay at the time of his injury, we reverse.

FACTS

In May 1996, Kirby was injured when Jerry Johnson (“Johnson”), a co-worker, stuck a hot gouging rod into Kirby’s right leg. Both men were…