McFeely Hardwoods & Lumber v. Miller

Opinion

KOONTZ, C.J.

McFeely Hardwoods and Lumber and its insurer, Commercial Union Insurance Companies (appellants), appeal a decision of the Industrial Commission awarding Douglas Gordon Miller (appellee) weekly compensation benefits for the period of February 4, 1986, to May 13, 1986. Although the appellants frame their issue as whether Miller’s injury arose out and in the course of his employment, their argument and the cases cited in support of it turn on the issue whether Miller suffered an injury by accident which arose out of and in the course of his employment. Accordingly, we address…