under the test for determining whether an employee’s recreational participation was “voluntary,” pursuant to a State workers’ compensation statute which denied any award for “voluntary participation” that was not a reasonable expectancy of the employment [see note 8, supra], the *245 employee cannot recover unless his belief that he was expected to participate is “objectively reasonable”
How later courts described this case
- under the test for determining whether an employee’s recreational participation was “voluntary,” pursuant to a State workers’ compensation statute which denied any award for “voluntary participation” that was not a reasonable expectancy of the employment [see note 8, supra], the *245 employee cannot recover unless his belief that he was expected to participate is “objectively reasonable”
- enactment of exclusion provision in workers’ compensation act is Legislature’s intent to eliminate workers’ compensation coverage for injuries sustained during recreational, social, or athletic activity that are only remotely work related
Written by the judges who cited it.
The opinion
ROUSE, Acting P. J.
I concur, but not without comment.
Admittedly, the question of whether this particular activity was a reasonable expectancy of petitioner’s employment is a legal issue which this court may properly redetermine, based upon facts set forth in the record. Nevertheless, I am reluctant to “second guess” the workers’ compensation judge *265 (a specialist in that field) whose adjudication has been reviewed and indorsed by the Workers’ Compensation Board, in what, in my perception, is a close case. Since substantial evidence supports that judge’s conclusion I would hold that his determination of the matter must prevail were it not for those cases cited wherein awards of compensation were made in situations which are, in my judgment, factually indistinguishable from petitioner’s case.
One of the functions of an appellate court in announcing its decision is to ensure uniformity and consistency in the rules applied by various inferior tribunals. I believe that is what the decision in this case seeks to accomplish, and it is for this limited reason that I concur in the opinion.