AOE/COE

AOE / COE | Horseplay - Skylarking

Elements

• When the employee is engaged in activities other than work which should lead a reasonable person to believe that the activities the employee is engaged in will result in injury to himself, or others around him, then the actual injuries the employee sustains as a result of those activities are not compensable

Examples of non-compensable activities

1. Shooting of a rubber band that snaps back and strikes employee in the eye
2. Employee racing another employee with forklifts
3. Employee showing off for other employees

Investigation

• Does the physical evidence support the statements made by the employee and witness?
• Did the employer know about the activity?
• Would the employer condone the activity had he been aware it was going on?
• Did the employee attempt to conceal the activity from the employer when reporting the claim?
• Did the employee willingly participate in the activity or was he an innocent by-stander?
• Is there any conceivable way the employer could benefit from the employee's activity?