CP# 2007-19489 (2008). CHRISTOPHER J. RODGERS, Petitioner vs. AFFINITY DIRECT, LLC, Respondent.

• Court: New Jersey

New Jersey Worker's Compensation 2008. CP# 2007-19489 (2008). CHRISTOPHER J. RODGERS, Petitioner vs. AFFINITY DIRECT, LLC, Respondent NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT DIVISION OF WORKERS' COMPENSATION BERGEN COUNTY DISTRICT/HACKENSACKCLAIM PETITION NO. 2007-19489Tuesday, January 15, 2008 CHRISTOPHER J. RODGERS, Petitioner, vs. AFFINITY DIRECT, LLC, Respondent. 60 State Street Hackensack, New JerseyDECISIONBEFORE: HONORABLE DIANA FERRIEROSupervising Judge of Compensation APPEARANCES: HUNTINGTON BAILEY, ESQS . BY: TERESA GUNDERSEN, ESQ. Attorneys for the Petitioner.MICHAEL C. URCIUOLI, ESQ. BY: JURIJ W. RATYCH, ESQ. Attorneys for the Respondent.REPORTED BY: STELLA M. DOUGLAS, C.S.R. GLOBAL COURT REPORTING SERVICES, INC. CERTIFIED SHORTHAND REPORTERS 70 HILLTOP ROAD RAMSEY, NEW JERSEY 07446 (201) 825-1020THE JUDGE: We are here on Christopher J. Rodgers versus Affinity Direct, LLC. Counsel, appearance, please. MR. RATYCH: Good morning, Jurij Ratych from the office of Michael Urciuoli on behalf of the respondent. THE JUDGE: Just for the record, petitioner's counsel called, I believe, last week to ask if she needed to be here. I advised her I would be giving my decision from the bench and that she should come at about 10:30. It is now almost 10:45 and she is not here yet and I am just going to proceed with my decision. On July 20, 2007 petitioner filed both a claim petition and a Notice of Motion for Temporary and/or Medical Benefits alleging that on June 8, 2007 he fractured his humerus arm wrestling on a bus during a company event. Respondent filed an answer denying the injury arose out of and in the course of employment. The parties agreed to a bifurcated trial on the issue of compensability. FACTS: Petitioner C.J. Rodgers (hereinafter Rodgers) worked as a senior loan specialist for respondent Affinity Direct, LLC (hereinafter "Affinity"). As of July 20, 2007, Rodgers had been employed for approximately one and a half years selling and marketing student loans over the telephone. He worked nine hours per day, earning approximately $41,000 per year, excluding bonuses. Rodgers described his job as "basically tele-sales." RT 5, L. 21. On June 8, 2007 Randy Fischel (hereinafter "Fischel"), Executive Director of Operations, invited several employees to have dinner in New York City. Fischel arranged the transportation (a party bus with liquor) and made the restaurant reservation. Fischel charged the cost of the party bus, liquor and dinner to his personal charge account and respondent later reimbursed him these costs. After dinner, petitioner boarded the bus and Steve Morales (hereinafter "Morales"), a supervisor, asked the petitioner to arm wrestle. Petitioner fractured his humerus during the course of arm wrestling. The issue before the Court is...