Clodgo v. Rentavision, Inc.

Defendant Rentavision, Inc. appeals a decision of the Commissioner of the Vermont Department of Labor and Industry awarding workers’ compensation benefits to claimant Brian Clodgo. Rentavision argues the Commissioner erred in awarding compensation for an injury sustained while claimant and another employee were engaged in horseplay. We reverse.

On July 22, 1995, claimant was working as manager of Rentavision’s store in Brattleboro. During a lull between customers, claimant began firing staples with a staple gun at a co-worker, who was sitting on a couch watching television. The co-worker first…