Kemble v. Aluminum Co. of America

— The appellant had his skull fractured by the intentional act of a fellow employee. He was denied compensation by the Industrial Board, who found that the injury did not arise out of the employment.

He says the evidence shows his injuries resulted from an assault at the hands of a fellow employee who was temporarily insane, and the Board was therefore required, under the law, to award compensation to him.

Assuming, without deciding, that the appellant would be entitled to compensation under such circumstances, we fail to find that factual situation here.

The competent evidence discloses that…