Whaley v. Steuben County Rural Electric Membership Corp.

— The controversy in this appeal involves appellant’s contention that his injury occurred out of and in the course of his employment with appellee. The case, involving the claim of appellant for Workmen’s Compensation, was decided by the Full Industrial Board of Indiana on Stipulated Facts and Supplemental Stipulated Facts which may be summarized as follows:

Appellant was a line foreman for the appellee utility. The utility requires “stand-by emergency service” duty of its employees on weekends. This “stand-by service” requires *522that the employee be available at home to answer emergency calls.…