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The New Jersey courts, like the court in South Dakota, tend to focus on whether horseplay constitutes a major deviation from work when assessing compensability of injuries. In Trotter v. City of Monmouth, 144 N.J. Super. 430 (App. Div.), certif. denied, 73 N.J. 42 (1976) the Appellate Division addressed the issue of major

Bicyclists in urban areas are often forced to interact with motorists in close proximity, which creates safety conflicts and leads to thousands of injuries every year. For cyclists who ride cautiously and in compliance with the law, the cause of these accidents is generally due to the motorists’ lack of attention to cyclists and other

The Supreme Court of South Dakota recently found a case involving an employee who was injured while engaging in “horseplay” with a coworker, while at work, to be a compensable. Petrik v. JJ Concrete, Inc., 2015 S.D. 39 (June 3, 2015), involved concrete laborers who had idle time during their work day while they waited for concrete trucks to arrive or for other work to be completed before they could continue their own. Petrik testified at trial that during these lulls in work, he and others often played jokes and tricks on each other.

On this particular day, Petrik and others had completed their work and were waiting for a concrete truck to arrive. It was a hot day and some of them sat in one of the employer’s air-conditioned trucks. Petrik wanted to sit in the truck to cool off, so he told a co-worker that one of the workers on the far side of the work site needed to talk to him. When the co-worker left the truck, Petrik took his seat inside the cool cabin. After a while, he got out and saw his co-worker coming back. Petrik started to run and the co-worker pursued him. During the short chase, Petrik attempted to jump a five-foot wide trench and landed awkwardly and broke his ankle.

Petrik filed a workers’ compensation claim, but this was promptly denied by his employer and insurer, on the basis that his injury did not arise out of and in the course of his employment.  Additionally, his employer prohibited horseplay by employees during work hours. The Department of Labor found that Petrik’s injury arose out of the course of employment, but did not occur in the course of that employment. The circuit court affirmed.


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Bicycle tires should be changed when the tire wears out or otherwise becomes damaged, such that its integrity is compromised. Due to variations in environmental conditions, rubber compounds, individual weight/riding style and other such matters, it is impossible to give a very precise answer to this question. However, if you can answer “yes” to any

Bicyclists are always encouraged to purchase and wear bicycle helmets, but once you buy one, that’s not the end of the story.  Most helmet manufacturers and industry groups recommend replacing one’s bicycle helmet every 3-5 years, provided the helmet has not been subjected to a crash. However, if a helmet has served its role and