DARLEEN DE LUNA vs. BUFFALO WILD WINGS, INC.; THE HARTFORD, Adjusted By SEDGWICK CLAIM MANAGEMENT SERVICES

This case involved an applicant injured while taking out trash. The defendant employer sought reconsideration of an award finding the injury industrial, arguing the applicant was engaged in horseplay and misrepresented facts. The Appeals Board denied reconsideration, upholding the finding that the applicant's injury was industrial. The Board deferred to the judge's credibility assessment, finding the applicant credible and the witness alleging horseplay not so. Even if the applicant rode the cart, it was considered performance of authorized work in an unauthorized manner, not disqualifying horseplay.