Torts Keyed to Dobbs
Carvalho v. Decorative Fabrics Co
The employee worked in a yarn factory, and it was the custom of the workers, at the end of the day, to assist one another in removing yarn fragments from their clothing. This they did with the aid of an air hose. On the occasion in question, a fellow employee placed the air hose near the employee’s rectum. He felt his stomach blow up, was unable to work the following day, and went to the hospital where it was discovered that he had suffered a perforated rectum. He filed a claim, and the commission denied that claim on the grounds that his injury was sustained during horseplay, did not arise from his employment, and thus he was not entitled to recover. Claimant appealed.
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