Brenneisen v. Leach's Standard Service Station

PUDLOWSKI, Judge.

This appeal of a worker’s compensation claim comes to this writer on reassignment. We reverse and remand in accordance with this opinion.

Claimants assert the Commission erred as a matter of law in finding that decedent’s fatal injury did not arise out of and in the course of employment. Claimants further assert the Commission’s order is based upon a clearly erroneous finding of fact that no employee ever went home to retrieve soiled uniforms during working hours.

Decedent worked as a mechanic at employer’s service station. He worked the evening shift, from 2 p.m. to 10 p.m.…