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Case Name Oliva v. Heath
Date 06/09/1995
Note Co-workers not liable for injury caused by horseplay within scope of employment.
Citation 35 Cal.App.4th 926
WCC Citation WCC 24161995 CA
SUSAN OLIVA et al. , Plaintiffs and Appellants, v. PEGGY HEATH et al. , Defendants and Respondents. Defendants Heath, Hayward and Walter were her coemployees. 3 Defendant Heath admitted she lowered the chair an inch as a prank. They therefore argue that '[defendants] were acting within the scope of their employment when they played certain jokes or pranks on Oliva because a 'condoned' activity is considered a hazard associated with employment. 'All references to plaintiff are to Mrs. Oliva.

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