Frazier v. Review Board of Indiana Employment Security Division

Concurring Opinion

Kelley, J.

The Board gave as a statement of fact that it had been the “custom” in the employer’s foundry for each man to load his own trimmings into a wheelbarrow and wheel them to the bins. I find no evidence of a “custom” in the regard mentioned. The Board also states that the foreman of the decedent trimmed some castings and put them in decedent’s wheelbarrow and the latter dumped them out the following Monday; that the decedent three times refused the order of the foreman to reload the trimmings and wheel them to the place designated by the foreman.

The employer’s evidence…