Ags Machine Co. v. Industrial Commission

Opinion by JUDGE STERNBERG The employer, AGS Machine Company, and State Compensation Insurance Fund, petition for review of a final order of the Industrial Commission which found that the claimant, Kirk D. Gifford, suffered an injury arising out of and in the course of his employment and awarded him temporary total disability benefits. We affirm. The orders of the referee and Commission disclose the following pertinent facts. Gifford was employed as a machinist by AGS and injured his ankle while playing basketball during a work break. AGS had installed a basketball hoop and provided a basketball court on its premises for the enjoyment of the owners and employees during breaks and lunchtime. Games held during work breaks often ran over into working hours with the knowledge and consent of the owners. Games during work breaks were accompanied by basketball drill exercises. The owners participated in the games and AGS provided uniforms. In addition, AGS sponsored an employee team in a night league, although Gifford did not participate in the league.