Employers Mutual Liability Insurance v. Josey

Marshall, Judge.

The State Board of Workmen’s Compensation, in its award of compensation, made findings of fact inter alia that the "no-show,” or failure to report to work, which was the alleged basis for the claimant’s discharge was the result of oversleeping after the claimant had taken pain pills and muscle relaxants on the previous night, which were prescribed to relieve discomfort which resulted from the injury of September 4, 1974.

Although there was some evidence from which the board might have found that the discomfort resulted from prior injuries in 1973, the board’s findings were…