On May 28, 1971, John Kemp, after rounding third base, collided with the catcher of the opposing team and broke his collar bone at home plate while playing for the Westinghouse Company softball team in an industrial league competing against other such company teams. At the time of his accident, he was wearing a softball jersey with the name “Westinghouse” and a hat with a “W”, both paid for by his employer and despite his pain, felt he had upheld the glory of his company team. The schedule for the games was posted in the employee breakroom. The employer was presumably deriving both good will and increased employee morale, but other than that the games were off premises, off hours, purely voluntary and the question arose whether Kemp was entitled to workers’ compensation benefits.
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