Based upon the above stipulated facts, the Deputy Commissioner of the Bureau of Employees' Compensation, United States Department of Labor, petitioner herein, determined "that the accident and the subsequent death of the decedent arose out of and in the course of employment." 222 F. Supp. 4, 6. He therefore awarded death benefits to the decedent's widow and a minor child in accordance with the terms of the Longshoremen's and Harbor Workers' Compensation Act, 44 Stat. 1424, as amended, 33 U.S.C. § 901 et seq. (1958 ed.), as extended by the Defense Base Act, 55 Stat. 622, as amended, 42 U.S.C. § 1651 et seq. (1958 ed.). The employer and its insurance carrier, respondents herein, then brought this action in the United States District Court for the Middle District of Florida to set aside and enjoin the enforcement of this compensation award.
The facts which are present in this case are set forth in the findings of fact and conclusions of law of the district court. Smith, Hinchman Grylls Associates, Inc. v. O'Keeffe, D.C.M.D.Fla. 1963, 222 F. Supp. 4. Unless the facts of United States and Gondeck v. Pan American World Airways, 5th Cir. 1962, 299 F.2d 74, are to be distinguished or the principles there set forth are to be rejected, we must reverse the judgment of the district court.
There are, of course, authorities which support an award where recreational activities contribute to a higher efficiency of the employer's work and, when conducted in a restricted area of employment in a manner not prohibited by the employer, constitute an incident of employment. Smith, Hinchman Grylls Associates, Inc. v. O'Keeffe, M.D.Fla., 222 F. Supp. 4 (decided January 23, 1963). It may also be successfully argued that where specific recreational facilities are not made available by the employer, and are considered normal in the life of an average individual, a personal mission for such recreational purposes may be considered a necessary incident of the employment.