Kemp's Case

The claimant, John E. Kemp, then an employee of Westinghouse Electric Supply Company (Westinghouse), broke his left collar bone while playing on a softball team competing under the Westinghouse name. The question is whether, in the circumstances of his case, Kemp’s injury was one “arising out of and in the course of his employment,” and thus compensable under the workers’ compensation act. G. L. c. 152, § 26, as amended through St. 1973, c. 855, § 1. A single member of the Industrial Accident Board decided that the injury was compensable, and the reviewing board agreed. A judge sitting in the…