Employers Mutual Insurance v. Industrial Commission

Mr. Justice Allen,

sitting for Mr. Chief Justice Teller, delivered the opinion of the court.

This is a proceeding which was instituted before the Industrial Commission under the Workmen’s Compensation Act. The district court affirmed an award in favor of the claimant, and the employer and the insurer bring the cause here for review.

The findings of the commission, so far as now material, are as follows: “The claimant was injured during the noon hour. He came out from the mine where he was working and in attending to a call of nature stopped under an old bank on the top of the main slope portal…