Tompkins v. George Rinner Construction Co.

The opinion of the court was delivered by

Price, J.:

This is the second chapter of a workmen s compensation case.

The question may be stated very briefly.

Where, in an appeal to this court by an employer and its insurance carrier from a judgment affirming an award of compensation by the director, it is ultimately determined that the accidental injury did not arise “out of” the employment and therefore compensation *245is to be denied, is the insurance carrier entitled to “recover back” the payments made by it pending disposition of the appeals?

The district court answered the question in the…