Paul Mulford v. Joseph Mangano

Workers' Compensation Act, Common employment, Injuries to which act applies, Recreational activities. Agency, Scope of authority or employment. Practice, Civil, Summary judgment. ARMSTRONG, J. The plaintiff and the defendant were employed at a Papa Gino's restaurant in Stoneham. On April 23, 1987, Mulford worked his regular shift as a dishwasher. Mangano, employed as a cook, was not scheduled to work that day but came to the restaurant around 9:00 P.M. for two reasons, according to his deposition testimony. He came to observe the cashing-out procedure followed by the managersat the end of the day, in the hope of learning skills to become in time a manager himself, and also to watch the end of a Boston Celtics playoff game, on a television that had been installed by employees, for the playoffs, in a back room of the restaurant. He had watched an earlier part of the telecast at home.