Delgado v. Industrial Commission

OPINION

LANKFORD, Presiding Judge.

This is a special action from an Arizona Industrial Commission decision denying compensability. The issue presented is whether Claimant’s injuries sustained from an unexplained explosion while using his employer’s air pump for a personal purpose arose out of and in the course of his employment. Because the employer condoned its employees’ personal use of the air pump and the Claimant’s deviation from his work was insubstantial, we conclude that the worker’s injury is compensable and therefore set aside the award.

The facts are undisputed. Claimant worked for…