(concurring specially).
I agree with the majority opinion, wherein it allows Phillips to recover worker’s compensation benefits for his injuries. However, I write specially to further emphasize that benefits should be awarded under these conditions only in very limited circumstances.
Morrell denied Phillips’ claim for worker’s compensation asserting that he was engaged in horseplay when he was injured. It is obvious that Phillips’ conduct deviated from the course of his employment. While the act (throwing sperm cords) was not a serious deviation from Phillips’ duties, his actions did result in a serious injury. It is important to reiterate that Phillips did not injure himself during the horseplay; rather, his co-worker, who was also participating in horseplay, either intentionally or accidentally stabbed Phillips.
The substantial character of a horseplay deviation should not be judged by the seriousness of its consequences in the light of hindsight, but by the extent of the work-departure in itself. This is not always easy to do, especially when a trifling incident escalates or explodes into a major tragedy.
1A A. Larson, The Law of Workmen’s Compensation, § 23.63 at 5-212 (1990). It appears that this is a case where a slight deviation from the path of employment escalated into a most serious mishap.
I believe it is important to stress that we are not condoning either the employees’ conduct or Morrell’s apparent tolerance (through its supervisor) of the horseplay in this case. Removing the sperm cords from the hogs required the workers to make precise movements with extremely sharp knives — this at a time when a hog was going by them on a conveyor every 3.5 seconds. Under these work conditions, there is always the potential for danger.
Additionally, this case is easily distinguished from the cases which have denied the employee benefits because of a serious deviation from work duties. See, e.g., Kotlarich v. Inc. Village of Greenwood Lake, 101 A.D.2d 673, 476 N.Y.S.2d 23 (1984) (police officer injured when co-worker’s gun accidentally discharged during horseplay); Nigbor v. Department of Industry, 120 Wis.2d 375, 355 N.W.2d 532 (1984) (employee killed when he jokingly placed his head between the plates of a compression mold and accidentally hit the activating lever).
It must be noted that under our holding, worker’s compensation benefits should be allowed when an employee is injured as a result of horseplay only in very limited and rare circumstances.