February 11, 2008
LUIS ACENCIO, APPELLANT,
TEVCO, INC., RESPONDENT.
On appeal from the Division of Workers' Compensation, 2005-20590.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued January 29, 2008
Before Judges Coburn and Grall.
Petitioner, Luis Acencio, appeals from the dismissal of his workers' compensation claim.
After carefully considering the record, briefs, and oral argument, we are satisfied that his arguments are without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). Nonetheless, we add the following brief comments.
Petitioner was injured at work during a lunch break while he was watching a soccer game played by his co-workers. The game was played regularly at that time each day. Although the employer, respondent Tevco, Inc., did not prohibit that activity, it also did not encourage it in any way. Petitioner was injured when he ran after a ball that was propelled out of bounds. He was hurt when he tried to put the ball back into the playing area. As the judge of compensation found, an injury in such circumstances is not compensable. Sarzillo v. Turner Constr. Co., 101 N.J. 114, 121-22 (1985).
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