Prows v. Industrial Commission of Utah

610 P.2d 1362 (1980)

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Prows v. Industrial Commission of Utah

Utah Supreme Court
610 P.2d 1362 (1980)

  • Written by Robert Cane, JD
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Facts

Michael Prows (plaintiff) worked as a truck driver for Bergin Brunswig Company (Bergin). Prows’s work duties included loading boxes of medical supplies onto his truck and making deliveries. The boxes were secured by large rubber bands. Bergin’s employees engaged in rubber-band fights almost daily. Supervisors discouraged these fights. During one of these rubber-band fights, Prows attempted to use his hand truck and a rubber band to slingshot a piece of wood into the air. Instead, the wood struck Prows in his eye. As a result, Prows was severely injured. Prows filed a claim for workers’ compensation, which was denied by an administrative law judge (ALJ) because Bergin had discouraged the rubber-band fights, and the fights constituted horseplay that was a complete abandonment of work duties. Prows filed a motion for review of the ALJ’s decision with the Industrial Commission of Utah (defendant), which denied the motion. Prows appealed to the Utah Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Wilkins, J.)

Dissent (Hall, J.)

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