JAIMES v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 89-029.

163 Ariz. 307 (1990)

787 P.2d 1103

Serafin O. JAIMES, Petitioner, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Desert Hills Golf Course, Respondent Employer, State Compensation Fund, Respondent Carrier.

Court of Appeals of Arizona, Division 1, Department A.

February 27, 1990.


Attorney(s) appearing for the Case

Ely, Bettini & Ulman by Joseph M. Bettini, Phoenix, for petitioner.

Anita R. Valainis, Chief Counsel, The Industrial Com'n of Arizona, Phoenix, for respondent.

Christopher E. Kamper, Chief Counsel, State Compensation Fund by Robert T. Wilson, Phoenix for respondent employer & carrier.


OPINION

SHELLEY, Judge.

This is a special action review of an Industrial Commission award denying compensability. The administrative law judge (judge) found that the accident resulted from horseplay, and concluded that it had occurred outside the course of employment because "there seems to have been repeated misconduct particularly involving dangerous machinery and past warnings...." We must decide whether the horseplay constituted an insubstantial deviation...

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