Jaimes V. Industrial Commission

This is a special action review of an Industrial Commission award denying compensability. The administrative law judge (judge) found that the accident resulted from horseplay, and concluded that it had occurred outside the course of employment because "there seems to have been repeated misconduct particularly involving dangerous machinery and past warnings . . . ." We must decide whether the horseplay constituted an insubstantial deviation as a matter of law. Because the deviation was insubstantial, we set aside the award.