Rush v. Empire Oil & Refining Co.

The opinion of the court was delivered by

Harvey, J.:

This is a workmen’s eompensation case in which claimant was allowed compensation for total permanent disability. Respondent has appealed. The legal questions presented are: (1) Whether the accident for which compensation was allowed arose out of the employment; and (2) if it did, the extent of plaintiff’s injury and the amount of compensation due him.

The facts are not seriously controverted and may be stated as follows: Respondent produces oil from leases and operates under the workmen’s compensation act as a self-insurer. It had an…