¶1(dissenting).
¶2As a matter of work ethics and safety, this state should take a firm position to discourage, not encourage, horseplay in the work place. And, especially, when it is highly dangerous!
¶3Phillips was injured as the natural consequences of his own tomfoolery (voluntary acts), unrelated to Morrell’s interests, and a course of conduct purely personal in character. He departed from his employment. To throw sperm cords at fellow employees was not only not a part of his job, it was also stupid — particularly when he and his fellow employees had exceedingly sharp, long thin knives (9 inches long). Morrell’s, as his employer, should not be financially responsible for this type of conduct.
¶4*533In my opinion (1) this was substantial deviation from his employment and (2) it was also willful misconduct under SDCL 62-4-37. This horseplay was a violation of Morrell’s work rules. Read SDCL 61-6-14.1. It expresses:
¶5As used in this chapter, misconduct is:
(1) Failure to obey orders, rules or instructions, or failure to discharge the duties for which an individual was employed; or
(2) Substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer; or
(3) Conduct evincing such willful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee; or
(4) Carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design.
However, mere inefficiency, unsatisfactory conduct, failure to perform as the result of inability or incapacity, a good faith error in judgment or discretion, or conduct mandated by a religious belief which belief cannot be reasonably accommodated by the employer is not misconduct.
¶6The authorities upon which I rely are: Insurance Company of America v. Hogsett, 486 S.W.2d 730 (Tenn.1972); A.J. Kight v. Liberty Mutual Ins. Co., 141 Ga.App. 409, 233 S.E.2d 453 (1977); Ford v. Barcus, 261 Iowa 616, 155 N.W.2d 507 (1968).
¶7In reviewing a case such as this, we must determine the substantiality of the deviation from the employment by viewing (a) the nature of the work performed and (b) any risk the employee exposes himself to by engaging in horseplay. This work environment was fast moving, highly structured, and in an environment where men were in close proximity — handling sharp, long knives. Throwing around objects was the height of folly. I cannot vote to affix liability on the employer and thereby reward foolishness.
¶8I would reverse and dismiss the claimant’s petition for benefits.