Claim of Lubrano v. Malinet
A 16-year-old gasoline service station attendant sustained burns from an explosion after throwing a lighted match into a can with gasoline residue, an act he and another employee had previously performed without incident. The Workers’ Compensation Board affirmed the administrative law judge’s decision, ruling the injury compensable as a result of "cumulative horseplay." The employer and its carrier appealed, arguing the horseplay was an isolated, unauthorized act, contrary to employer warnings. The court reviewed precedents on compensability of horseplay, noting that exceptions typically involve foreseeable conduct or trifling deviations. The court found that throwing a lighted match into gasoline was not condoned or an incident of employment. The decision of the Board was reversed, and the claim was dismissed.