Supreme Court of New Jersey

Porfirio A. Lozano, Petitioner-Appellant v. Frank Deluca Construction, Respondent-Respondent

March 10, 2004178 N.J. 513

Summary

The Supreme Court of New Jersey held that when an employer compels an employee to engage in an activity that is ordinarily recreational or social, the activity is deemed work‑related as a matter of law, bypassing the two‑prong test of regular incident and employer benefit. The Court also required the employee to show an objectively reasonable belief that participation was required. Applying these principles, the Court reversed the Appellate Division’s dismissal and remanded for a new trial.