Penn State University v. WCAB (Smith); 630 C.D. 2010; filed February 22, 2011; by Judge Brobson

A claimant who was injured after voluntarily jumping down a flight of stairs during his lunch hour is not in the course and scope of his employment and is not entitled to workers' compensation benefits.

The claimant, who was employed as a cook with the employer's food service department, also worked in the employer's housing department during the summer. On the day of his injury, he was cleaning dorm rooms. While walking from a dorm to the dining hall, the claimant intentionally jumped down a flight of stairs of approximately 12 steps and sustained serious injuries to both of his legs and ankles. The claimant filed a claim petition, which the employer challenged by contending that the claimant was not in the course and scope of his employment at the time of the incident. The employer also raised the defense that the claimant was engaged in horseplay, which was in violation of a positive work order. The workers' compensation judge concluded that the claimant was within the course of his employment at the time of his injury, reasoning that the Activity was not one that was outside the realm of a claimant's work activities. The workers' compensation judge also found that there was no intentional violation of a positive work order against horseplay. The Workers' Compensation Appeal Board affirmed the judge's decision. The Commonwealth Court, however, reversed the decisions below. The court held that the claimant was not in the scope of his employment at the time he leaped from the steps since he was not in furtherance of the employer's business or affairs. The court also did not consider the claimant's action to be a small, temporary departure or break from his employment to administer to his personal comfort. Rather, the court considered the claimant's jump from the stairs while on his lunch break to be wholly foreign to his employment.

Case Law Alert, 2nd Qtr 2011