Opinion
November 26, 1982.
The judgment is reversed, and the case is remanded to the Superior Court for the issuance of an order of remand to the Industrial Accident Board with instructions that further evidence be taken on the issue whether the employee's injury arose out of and in the course of his employment. In particular, evidence should be obtained concerning 1) whether the employer had any policy restricting employees to its premises during coffee breaks; 2) whether it was customary for employees to leave the premises during such breaks; and 3) whether the employer had any facilities on-premises which could be used by the employees to obtain refreshment. A new decision is to be made by the Board after receipt and consideration of that evidence.