December 15, 2003 10:18 AM
December 1,2003, not approved for publication. Dismissal of the employees petition for benefits for injuries sustained as the result of an assault on him by a co-worker reversed and remanded for the determination of benefits; the co-worker assaulted the employee after the employee had made “some insulting comments and gestures” to the co-worker earlier in the day and just before the assault: the judge of compensation concluded that, while the assault occurred on the job, it did not arise out of the employment; however, what occurred was “both integral and incidental to the conditions of employment,” and it was no different from other “horseplay eases~~ in which benefits were allowed; therefore, the assault arose out of the employment.