| Date: | 08/17/2000 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 053648-97 |
| Location: | Boston |
- Employee: Richard Grigg
- Employer: International Equipment Co.
- Insurer: Travelers Ins. Co., c/o Constitution State Service Co.
Smith, J. The insurer appeals from a decision on an original liability claim, which awarded compensation for an injury sustained while playing basket-ball at a company picnic. General Laws c.152, § 1(7A), as amended in 1985, excludes injuries resulting from "purely voluntary participation" in recreational activities from the category of "personal injuries" that are compensated under the Workers' Compensation Act. See Bengtson's Case, 34 Mass. App. Ct. 239, 243-244 (1993). Because the judge applied the wrong legal standards to the case, we reverse the decision and recommit the case.