Fick v. American Mut. Liab. Ins. Co., Claim Petition No. A-37038.

• Decision Date: 12 May 1948
• Docket Number: Claim Petition No. A-37038.
• Citation: 58 A.2d 854
• Parties: FICK v. AMERICAN MUT. LIABILITY INS. CO.
• Court: New Jersey Department of Labor-Workmen's Compensation Bureau

58 A.2d 854

FICK

v.AMERICAN MUT. LIABILITY INS. CO.

Claim Petition No. A-37038.

New Jersey Department of Labor-Workmen's Compensation Bureau.

May 12, 1948.

Proceeding under the Workmen's Compensation Act on the petition of Edward J. Fick against American Mutual Liability Insurance Company for compensation for injuries sustained while attending a picnic sponsored by an association of employees of respondent.

Petition dismissed.

This is a proceeding brought by Edward J. Fick, as petitioner, against American Mutual Liability Insurance Company, as respondent, seeking compensation under and by virtue of the terms and provisions of R.S.1937, 34:15-1 et seq., N.J.S.A., ‘prescribing the liability of an employer to make compensation for injuries received by an employee in the course of employment, establishing an elective schedule of compensation and regulating the procedure for determination of liability and compensation thereunder’.

A petition and answer thereto were duly filed with the Secretary of the Workmen's Compensation Bureau, at his office in Trenton, N. J. In the regular course this matter came on for hearing before me, Maurice A. Kaltz, a Deputy Commissioner of Compensation, at the Bureau Chambers in Perth Amboy, N. J., on February 24, 1948.

Joseph Butt, of Elizabeth, for petitioner.

Richard D. Porter, of Montclair, and John W. Taylor, of Newark, for respondent.

KALTZ, Deputy Commissioner.

The pertinent facts as produced at the hearing were that the petitioner was regularly employed on a salary basis as a claim representative by the respondent company. On June 17 petitioner, while so employed, was injured during his participation in a one-legged contest while attending a picnic sponsored by Amlico Associates, which is an association of employees of the respondent company and of which association petitioner was a member and as a member contributed toward the expenses of the picnic. The petitioner was requested to attend the picnic by one of his superiors. June 17 was a usual work day and on that day petitioner had three alternative choices of conduct which were 1.-To work on a skeleton crew in the office: 2.-To pursue his normal duties: or 3.-To go to the picnic. The choice was a voluntary choice with no penalty attached. In any event, no matter which course he took, petitioner was paid his salary.

After duly considering all the evidence produced at the hearing had in this matter I find and determine that the picnic was...