| Date: | 05/23/2000 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 030060-96 |
| Location: | Boston |
- Employee: Jayson Kulisich
- Employer: Greater Lowell Family YMCA
- Insurer: Eastern Casualty Ins. Co.
MCCARTHY, J. On appeal, the insurer raises three issues. First, it argues that the judge failed to specifically address §26 which was put in issue at the hearing. General Laws c. 152, §26 states in pertinent part that "if an employee . . . receives a personal injury arising out of and in the course of his employment . . . he shall be paid compensation by the insurer or self-insurer." In other words, in order for an injury to be compensable, the injury must not only "arise out of" but also be "in the course of" employment. Larocque’s Case, 31 Mass. App. Ct. 657 (1991). "Arising out of" refers to the causal origin, while "in the course of" refers mainly to the time, place, and circumstances of the injury in relation to the employment. Id. at 658-659. Furthermore, in order to be considered to be in the course of employment, an employee must be performing an action which benefits the employer in some way. Corraro’s Case, 380 Mass. 357 (1980). We recommit the case to the hearing judge for reasons that follow.