McMillin v. Payless Cashways, Inc.

HANNA, Judge.

Payless Cashways appeals an adverse decision from the Labor and Industrial Relations Commission (Commission). The Administrative Law Judge (ALJ) and the Commission (a 2-1 decision) found that Mr. McMillin’s accident “arose out of’ his employment. Mr. McMillin’s injury occurred while he and a coworker were engaged in “horseplay.” The issue presented here is whether the accident arose out of his employment. The facts, as stipulated to and as presented to the Commission, are as follows.

On November 9, 1992, claimant McMillin was employed by Payless Cashways as a “load puller.” He was…