Opinion
[No. 233, September Term, 1974.]
Decided June 5, 1975.
WORKMEN'S COMPENSATION — Accidental Injury — Arising Out Of Employment — Compensable Injury — Injury To Employee By Third Party While Participating In Touch Football Game During Coffee Break On Area Of Company Property Made Available By Employer For Activity Found Sufficiently Work-Related To Be Incident Of Employment Hence Compensable. pp. 192-193
(See opinion 23 Md. App. 271 (1974).)
Certiorari to the Court of Special Appeals of Maryland. (Circuit Court for Washington County, Ottinger, J.)
Action by Larry L. Miller against Mack Trucks, Inc., employer and Traveler's Insurance Company, insurer, for compensation benefits under Workmen's Compensation Act. From the affirmance by the Court of Special Appeals of the reversal of the finding of the Commission by the Circuit Court the employer's and insurer's petition for writ of certiorari was granted.
Judgment affirmed with costs.
The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.
Howard W. Gilbert, Jr., with whom were Mackley, Gilbert France on the brief, for appellants.
W. Kennedy Boone, III, with whom were Wachs, Kreykenbohm Boone on the brief, for appellee.
SMITH, J., dissents.
This Court, having granted a writ of certiorari and in accordance with Maryland Rule 811 b 3 having determined that no error of law appears in the decision, adopts the opinion of Judge Lowe for the Court of Special Appeals in Mack Trucks, Inc. v. Miller, 23 Md. App. 271, 326 A.2d 186 and affirms the judgment of the Court of Special Appeals.
Judgment affirmed with costs.