Sarzillo v. Turner Construction Co

In Sarzillo v. Turner Construction Co., 101 N.J. 114, 501 A.2d 135 (1985), plaintiff was employed by a construction company as a carpenter and was injured while playing a paddle ball game during a paid lunch break. 101 N.J. at 115, 501 A.2d 135. The Court found that the activity was not a "regular incident of employment" because the employer/defendant did not contribute to, participate in, or encourage the activity; the employee was free to spend his lunch either on or off the premises; the employee played the game for his own amusement; and there was no special benefit to the employer. Id. at 121-22, 501 A.2d 135. The Court rejected the employee's argument that staying on the premises rather than going out for lunch benefitted the employer because the employee might be late returning for lunch. Consequently, the Court found that the activity did not produce a "benefit to the employer beyond improvement in employee health and morale" because there was no benefit to the company from improved public relations and consumer good will. Ibid. N.J.S.A. 34:15-7.