Cmelak v. Industrial Commission

The questions on this appeal arise out of the statutory requirements 3 that must be fulfilled to establish eligibility for workmen’s compensation. In this case we are particularly concerned with the requirements that the employee at the time of the accident “is performing service growing out of and incidental to his employment” and that the “accident . . . arises out of his employment.”

The first requisite, that the employee must be performing service growing out of and incidental to his employment, by statutory definition includes every employee “going to and from his employment in the…