The Law Did Not Bend-Arm Wrestling

A worker who engaged in arm wrestling at work, which resulted in a spiral fracture of the right humerus with scarification, was engaging in an activity that was neither endorsed nor approved by his employer.

On May 23, 1994, Nelson Quinones was employed by P.C. Richard & Sons as a stock person. He reported to work at 4:00 p.m., and his supervisor asked him whether he wanted to arm wrestle. This kind of activity occurred on a regular basis. Many employees participated including sales persons, stock persons and managers. Arm wrestling was a store wide competition and was like a tournament. The manager considered it an "ego" thing to compete to be the strongest guy in the store. The activity also occurred regularly both during and after normal working hours.

The court held that this activity did not occur "in the course of" and did not "arise out of" the employment. The court distinguished the case from that of skylarking and horseplaying activities which can be compensable if the injured employee has not instigated or taken part in the activity.

It further considered that the competition was a "recreational activity" and that it was not a regular incident of employment that produced a benefit to the employer beyond the improvement of employee health and morale. Quinones v. P.C. Richard & Son, ___ N.J.Super. ___,___ A.2d ___ (1998).