Bengtson's Case

609 N.E.2d 1229 (Cite as: 34 Mass.App.Ct. 239, 609 N.E.2d 1229)

Appeals Court of Massachusetts, Barnstable.

Laurence W. BENGTSON'S CASE.

No. 91-P-1124.

Argued Oct. 19, 1992.

Decided March 22, 1993.

Administrative judge awarded worker benefits under Workers' Compensation Act for injuries sustained while playing on softball team organized by his employer. Reviewing Board of Department of Industrial Accidents reversed administrative judge's award on employer's insurer's appeal, and worker appealed. The Appeals Court, Laurence, J., held that: (1) in determining whether worker's participation in recreational activity was purely voluntary, administrative judge erred in giving weight to worker's purely subjective perceptions of compulsion, and (2) even if worker's participation was not purely voluntary, administrative judge erred in failing to determine whether recreational activity was sufficiently related to employment.

Decision of reviewing board affirmed.

Leonard F. Zandrow, Jr., Boston (Thomas P. O'Reilly, with him), for insurer.

Click here for the entire case on Google Scholar.