Colvert v. Industrial Commission

OPINION

JACOBSON, Chief Judge,

Division 1.

This review of an award of the Industrial Commission raises the issue of whether the “aggressor rule" when used in the context of employee fights is a defense to compensability for injuries arising from such fights.

The facts pertinent to this case are as follows: Petitioner, Gary L. Colvert, was employed by respondent, Grant Road Lumber Company on July 9, 1971. . Five days later petitioner and other workers were involved in the task of unloading sticky and scratchy insulation from a flatbed truck parked in the employer’s yard. Petitioner and a co-worker…