Date: | 04/22/2010 |
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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.