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SOCIAL OR RECREATIONAL EXCLUSION

In an unpublished decision, dated 02/24/04, Turner v Monday Staffing, the Michigan Court of Appeals recently interpreted the social or recreational exclusion contained in MCL 418.301(3). The employee injured himself during his lunchbreak. He had been playing basketball and injured himself when he turned to check the clock to confirm the time to see whether he could continue playing basketball. The Magistrate granted a closed award of benefits. The Workers' Compensation Appellate Commission reversed the Magistrate, denying benefits. The Court of Appeals affirmed the Workers' Compensation Appellate Commission, holding that it properly concluded that the major purpose of the basketball game, the employee's activity at the moment of injury, was social or recreational and therefore, plaintiff was not entitled to workers' compensation benefits. 03/04/04

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