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Decision Kathleen Buduo v. National Grange Mutual Ins. Co.

Date: 04/22/2010
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 022175-07
Location: Boston
  • Employee: Kathleen Buduo
  • Employer: National Grange Mutual Ins. Co.
  • Insurer: Vigilant Insurance Co.

KOZIOL, J. The employee appeals from a decision denying and dismissing her claim for medical benefits, and allowing the insurer to recoup medical benefits paid under a §10A conference order issued by a different administrative judge. the employee sought medical benefits for treatment of a broken tooth she sustained while sitting at a supervisor's desk at work, eating employer-provided ice cream with toppings. The hearing judge concluded the employee's injury was not compensable because it lacked a "sufficient connection with [the employment] to warrant the award of compensation," and because it resulted from her "purely voluntary participation" in a "recreational activity," within the meaning of § 1(7A).1 We reverse. 

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1  General Laws c. 152, § 1(7A), provides in pertinent part:

''Personal injury'' shall not include any injury resulting from an employee's purely voluntary participation in any recreational activity, including but not limited to athletic events, parties, and picnics, even though the employer pays some or all of the cost thereof.