Danny Floria v. Demcor, Inc. and FFVA Mutual Ins. Co.

Summary

The Tennessee Court of Workers’ Compensation Claims denied Danny Floria’s request for workers’ compensation benefits, finding that his injury resulted from horseplay and was not primarily caused by or incurred in the course and scope of his employment. The court found that Floria was unlikely to succeed on the merits and set a subsequent status hearing.

Holdings

1. Floria was not likely to prove at a hearing on the merits that he was entitled to benefits because his injury did not arise primarily out of and in the course and scope of his employment.
2. Horseplay with employees passing on the way to lunch cannot be regarded as arising primarily out of and in the course and scope of employment under the Tennessee Workers' Compensation Law.

Questions Presented

1. Whether Floria was likely to prove that his injury arose primarily out of and in the course and scope of his employment.
2. Whether the injury resulted from horseplay that lacked a rational or causal connection to Floria's employment.

Disposition

other