Barney v. Industrial Commission

ELLETT, Justice:

This matter is before us to review an order of the Industrial Commission denying any award to the plaintiff because of the death of her husband. She claims that he lost his life while in the course of his employment and that the Commission acted arbitrarily and capriciously in denying compensation to her.

The deceased was killed in an automobile accident while returning home from work. The hearing examiner ruled that he was in the course of his employment, but the Commission by a divided vote reversed the hearing examiner and held that no compensation was payable for the reason…