Jensen v. Industrial Commission

I would find that the claimant’s injuries arose out of and in the course of his employment. I therefore respectfully dissent. Injuries incurred by traveling employees during recreation are compensable as long as the recreational activity and the employee’s conduct were both reasonable and foreseeable. Bagcraft Corp. v. Industrial Comm’n, 302 Ill. App. 2d at 338.

Here, the majority found that the manner in which the claimant used the ATV was neither reasonable nor foreseeable. After reviewing the record, I would conclude that the opposite conclusion is clearly apparent. As to the foreseeability…