Lori's Family Dining, Inc. v. Industrial Claim Appeals Office

Opinion by

Judge HUME.

The sole issue in this review from an order of the Industrial Claim Appeals Panel is whether claimant’s injury, which occurred while he became involved in horseplay with co-employees, arose out of his employment. A divided division of the Panel concluded that it did, and affirmed the order of the Administrative Law Judge (ALJ) awarding benefits. We affirm.

The following facts are undisputed. Christopher Bingham (claimant) was employed as a busboy for Lori’s Family Dining (petitioner), and his duties included emptying trash into a dumpster. On the date of his injury,…