Sizemore v. State Workmen's Compensation Commissioner

Miller, Justice:

Elmer Sizemore appeals an order of the Workmen’s Compensation Appeal Board, which denied him compensation benefits on the ground that his injury was a result of an “assault” and therefore not compensable. The facts are not in dispute and we find the Appeal Board clearly erroneous in its finding of facts and application of the law. We, therefore, reverse.

Sizemore received a cervical injury as a result of being hit on his hard hat by a fellow employee. The injury occurred while both men were waiting, along with other employees, to leave the employer’s premises at the conclusion…