Elliott v. Darby

HOGAN, Judge.

This is an appeal from an order of the Industrial Commission denying compensation to the appellant under the provisions of the Workmen’s Compensation Law.1 The trial court has affirmed the award, and the employee has appealed to this court as provided by Section 22, Article V, of the Constitution of 1945 and Section 287.490 (2). The Commission has found that the appellant did sustain a “personal injury by accident,” but that the injury did not arise “out of and in the course of his employment,” as required by Section 287.120 (1), to make the accident compensable.

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